Recent Commercial Eviction Cases: Force Majeure, Co-Tenancy, Quiet Enjoyment, Frustration of Purpose
Temporary Impracticability, Business Interruption Insurance, Work-Outs, Bankruptcy Lease Rejection, Declaratory Judgments
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide landlord and tenant counsel with guidance on the leading defenses in commercial eviction cases in 2021 due to the pandemic-induced economic downturn and prior lockdown orders. The panel will advise on what tenants may expect in temporary relief, work-outs, and lease terminations and how landlords may negotiate rent relief in exchange for lease affirmations or extensions. Our panel will guide leasing counsel on reviewing lease terms and possible claims and defenses in this evolving commercial real estate landscape.
- Recent eviction cases
- Federal moratorium
- State and local
- New York
- Florida, California
- Other states
- Most successful defenses
- Alternative resolutions
- Business interruption insurance
The panel will review these and other key issues:
- What is the status of the federal, state, and local eviction moratoria? What are recent court decisions on enforceability?
- When are common law doctrines of frustration of purpose and impossibility successful defenses?
- What should counsel, landlords, and tenants consider when resolving a defaulted lease outside of court?
Stern & Eisenberg
Mr. Degan has represented various companies and individuals in real estate disputes (i.e., ownership disputes, landlord... | Read More
Mr. Degan has represented various companies and individuals in real estate disputes (i.e., ownership disputes, landlord and tenant disputes, premises liability, and Fair Housing Act complaints) in federal and state courts in New York.Close
Clifford R. Horner
Horner Law Group
Mr. Horner’s 25+ year litigation experience includes all types of business and real estate disputes, commercial... | Read More
Mr. Horner’s 25+ year litigation experience includes all types of business and real estate disputes, commercial landlord tenant issues, remedies under deeds of trust and other security agreements, quiet title actions, breaches of contract, fraud, broker liability, unfair business practices, trade name and trademark disputes, financial elder abuse, and various collection actions. He has appeared and argued in federal court, bankruptcy court, superior and municipal courts, and the California Court of Appeal. Mr. Horner’s dispute resolution experience also includes jury and court trials, arbitrations, mediations and negotiated settlements. He is the former President and served on the Board of Directors of the Real Estate Section of the Contra Costa County Bar Association; served on the CEB Real Property Advisory Committee; has been an active member of the International Council of Shopping Centers and the Building Owners and Managers Association; and is a member of CEB’s Civil Litigation Advisory e-Panel.Close
Schlam Stone & Dolan
Mr. Wurtzel’s practice focuses on high-stakes, complex commercial litigation and corporate governance disputes.... | Read More
Mr. Wurtzel’s practice focuses on high-stakes, complex commercial litigation and corporate governance disputes. He has successfully represented public and private companies and prominent individuals in both federal and state court. Through his focus on aggressive litigation and his ability to develop creative and novel solutions to complex disputes, Mr. Wurtzel brings a unique and out-of-the-box perspective to his clients’ most pressing legal needs.Close