COVID-19 clause that protects tenant from paying rent
Hey,

&amp;#x200B;

We are entering a lease agreement with a landlord and was wondering if there is a term that can protect the tenant obligation from paying rent in case of another lockdown.
[{"id": "gvuzd0i", "text": "there is, you need to talk to an attorney.  Before you get into that I'd include that in your loi or discuss with the landlord, they are likely not to agree to that.", "replies": [{"id": "gvv5jr5", "text": "Attorney here. Yep LOI is exactly the time to bring it up. From your broker. Would not even bill attorney hours on this unless said \u201cmaybe\u201d", "replies": [], "depth": 2}], "depth": 1}, {"id": "gvv2c38", "text": "Sounds like you\u2019re seeking a \u2018force majeure\u2019 clause... seek out a lawyer.", "replies": [{"id": "gw44x1j", "text": "many lawyers don't even know if Covid will be included in \"force majeure\" or not. In California, we are sitting and waiting for the Courts to make decisions on some of these cases. Many attorney's have recommended that Covid have its own special \"provisions\" rather than being lumped in with or assumed to be a part of or excluded from the \"force majeure\" language.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gvv491x", "text": "Look into including a Force Majeure clause.", "replies": [], "depth": 1}, {"id": "gvv4kzt", "text": "Only if Governor declares your State is a disaster State mandates that tenants are being protected from getting evicted due to non-payment of rent or hardship. It then will supercede any lease.", "replies": [{"id": "gvv5mc5", "text": "E.g. Washington state? Rent protection for certain commercial tenants is crazy", "replies": [{"id": "gvx2ae2", "text": "It's disgusting.\n\nNo rent increases during the pandemic, no late fees for paying late.\n\nNo problem helping those that need it but, for those that are habitually late to stick that in LL\"s faces.  Can't wait for the moratoriums to be over :)", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gvv8jve", "text": "That is confusing. if there were another lock down what would give you the right not to pay your rent??", "replies": [{"id": "gvx2bs8", "text": "The government.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gvx1zaa", "text": "I'd like a clause in my mortgage that if there's another lockdown, my mortgage company has to pay me my normal salary.\n\n(And, I feel I should get a new Jag for the stress).", "replies": [], "depth": 1}, {"id": "gw445bd", "text": "This is a difficult one as I have rep'ed both landlords and tenants. I am in California. We often use the AIR lease agreement here and even the attorney's who drafted the language in them didn't think the language in the lease would protect a tenant in a lockdown situation (such as Covid). Many believe we won't know for sure until these cases hit the Courts and have rulings on them. \n\nWe have added some language to protect our clients in the post pandemic world, but it really depends on the ownership and the tenant. Some are definitely more responsive than others. Personally, I try to negotiate language that is fair to each party. For example....for a tenant that was locked down by the government in Los Angeles, I reached out to the Landlord asking for the tenant to pay 50% of the rent and have it accepted as full rent. Both parties suffered with the agreement, but each party suffered equally. Landlord approved (after 3 weeks of not responding to the tenant's request) and we moved forward. Right now, my tenant is the only one in the building who is currently paying rent (others have moved out or refused) and with the lockdown being over...they are receiving their \"full\" rental payment.", "replies": [], "depth": 1}, {"id": "gwbmnic", "text": "I doubt any landlord would agree to any clause  that suggests rent is conditional.", "replies": [], "depth": 1}]