Preparing for evictions and lease litigation in the wake of the pandemic

When the COVID-19 pandemic hit U.S. cities in mid-March and the vast majority of businesses were compelled to close or severely limit operations, it caused a wave of uncertainly to ripple through the leasing and property management world. Endless questions immediately arose, both for landlords and tenants. Does the lease contemplate this type of situation? Is this a force majeure event? Will insurance cover our losses? Will tenants be able to pay rent? Are tenants even obligated to pay rent? Around the same time that businesses were shuttered, and many tenants stopped paying rent, eviction bans were enacted and eviction courts throughout the country also closed their doors to the public. This left landlords and tenants to either work out a resolution themselves, commence costly litigation in federal court or state courts of general jurisdiction, or wait until eviction courts eventually reopen and bans on evictions are lifted. As businesses and courts across the nation begin to reopen—and with many of those questions that arose in March when the pandemic first started remaining unanswered—landlords and tenants need to prepare themselves for the road ahead. Here’s what we know so far about what that road will look like. Click to read more at www.rejournals.com.