Are you a Business Owner affected by closures due to COVID-19?

Due to COVID-19 many “non-essential” businesses have closed or limited their services until further notice.

However, rent payments continue, and many business owners wonder what will happen if they cannot pay their rent, while Landlords wonder how they will proceed if their Tenants don’t pay rent in the next few months.

In Florida, there are legal defenses that might be useful against claims for non-payment of rent say Matthew Nelles & Adriana Kostencki from the firm Nelles Kostencki, PLLC.

·       Some Leases contain a “Force Majeure” clause that might help Tenants or Owners suspend contract performance, space use, or reduce monthly payments, either temporarily or permanently.

·       Read your Lease to determine your rights and obligations

·       If the lease does not contain a “Force Majeure” clause, try to resolve the issue in an amicable manner.

·       They recommend for both parties to negotiate in good faith and think of creative solutions to the issue that will benefit everyone and avoid lengthy and costly legal battles in the future.