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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, July 15, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

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.

Faculty

Joshua Wurtzel
Partner
Schlam Stone & Dolan LLP

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.

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Clifford R. Horner
President
Horner Law Group, PC

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.

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Ali Degan
Attorney
Stern & Eisenberg, PC

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.

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Description

Since March 2020, the COVID-19 pandemic has caused substantial economic distress worldwide, particularly to U.S. landlords, small and large. Estimates show that more than 10 million renters are behind on payments, more than triple an average year. Federal, state, and local eviction moratoria have created an untenable situation for landlords unable to pay their own mortgages, maintenance, payroll, utilities, and other obligations. Recently, the courts are issuing decisions on the enforceability of the moratoria and landlords' rights under the contract and statutory law.

Counsel for both landlords and tenants should know the courts' rulings, particularly on common tenant defenses. Many cases dispute the validity of the eviction moratoria. Major New York, Florida, and California cases found that the doctrine of impossibility and frustration of purpose defenses were inconsistent with lease terms explicitly addressing the risk of a tenant's inability to operate. Other decisions, including a New York Supreme Court case, have found that frustration of purpose is a valid defense because the COVID-19 pandemic was not foreseeable.

With the uncertainty of rulings on tenant defenses and landlord claims, counsel and clients should consider alternatives beyond the courts to resolve defaulted leases. Utilizing various options, from filing claims on a tenant's business interruption insurance to developing work-out plans that address both tenant and landlord needs, should be examined.

Listen as our expert panel addresses the current decisions from commercial eviction cases and the successful defenses that have been presented. The panel will also advise on alternative resolutions to defaulted leases.

Outline

  1. Recent eviction cases
    1. Federal moratorium
    2. State and local
      1. New York
      2. Florida, California
      3. Other states
  2. Most successful defenses
  3. Alternative resolutions
    1. Business interruption insurance
    2. Work-outs

Benefits

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?