Feature

Navigating Early Termination Clauses in Commercial Leases

By Travis D. Hughes and Oscar R. Rivera

The COVID-19 pandemic and the Spring 2020 global protests that arose from various US police shootings have affected many people on a deeply personal level. These events have also affected many businesses and commercial landlords, whose leadership and counsel have been forced to make difficult decisions in light of government shutdowns, orders, curfews, and damage to property.

Retail landlords may request a “kick out” clause during the negotiation of a lease with an untested tenant for fear that the tenant will under perform

Retail landlords may request a “kick out” clause during the negotiation of a lease with an untested tenant for fear that the tenant will under perform

(credit: iStockphoto)

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