[WSBARP] Retail Tenants and Commercial Frustration

[Michael Brandt]

Andrew:

Here is an article on the subject that I just posted to my website:  https://brandtlawgroup.com/leases-and-contracts-in-the-age-of-a-pandemic-an-actual-event-that-may-qualify-as-a-reason-for-rent-abatement-or-termination-of-a-lease-or-contract/

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Wednesday, April 22, 2020 7:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Retail Tenants and Commercial Frustration

This is probably coming up for many folks, especially with retail clients.

My initial legal framework for this is

              Is there a force majeure clause in the lease?

              Does the pandemic and/or its restrictions qualify for commercial frustration or impracticability of performance?

Does force majeure or commercial frustration/impracticability defense help the individual guarantors?

For handling this problem

              Informal discussion with LL – first step
              Formal mediation second – 2nd
              Litigation or arbitration - 3rd

Does this seem sound?  How strong is a commercial frustration or impracticability argument for this pandemic?


Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
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