About the Course
Introduction
This CLE course will guide landlord and tenant counsel on contractual and common law defenses in breach of lease cases due to failure to pay rent. The panel will address recent case law regarding how courts have analyzed claims of frustration of purpose, impossibility, and other common law defenses.
Description
Commercial landlords and tenants should understand the evolving case law related to available defenses where the tenant is unable to pay rent. Many lessons were learned during the pandemic, e.g., effectively using contractual force majeure clauses or, alternatively, common law defenses to seek relief; and case law has evolved accordingly.
Often used common law defenses include impossibility of performance, commercial impracticability, and frustration of purpose. Counsel for commercial landlords and tenants should know how courts are ruling on contractual and common law defenses to prepare the best case moving forward. Defense counsel must also understand the state specifics related to common law defenses such as what qualifies as an impossibility and when and how a force majeure clause may override the availability of this common law defense.
Listen as our expert panel reviews the status of notable landlord-tenant cases that have utilized the common law doctrines of impossibility and frustration of purpose. The panel will advise on best practices when this defense is asserted and when, in the alternative, the contract language will be the determining factor.
Presented By
Mr. Diskin is a member of the firm’s Construction and Real Estate Litigation practice group. He is an experienced litigator who represents businesses and individuals in federal and state courts in a variety of areas, including disputes arising from commercial leases and financing agreements, partnership disputes and business divorces, labor and employment matters, class actions, and various other contractual disputes. Mr. Diskin frequently represents owners, tenants, lenders, brokers, and others with interests in real estate resolve disputes arising from commercial leases, purchase and sale agreements, financing agreements, and statutory and common-law rights. This includes representing clients in breach of contract actions, commercial landlord tenant proceedings, mechanics liens proceedings, construction access proceedings, dissolution actions and other commercial litigations involving real estate.
Mr. Weltman's wide-reaching litigation practice focuses on finding successful resolutions to his clients' legal issues. He represents both individuals and companies across a range of industries including hospitality, real estate, construction, healthcare, restaurant, and retail. Mr. Weltman's direct civil and commercial litigation experience includes handling complex commercial and business litigation, employment litigation, Wage Act litigation, probate litigation, real estate disputes, construction matters, civil rights litigation including ADA accessibility, accommodation issues, and high impact class action work, municipal disputes, appellate advocacy, and other tort based litigation matters.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, April 29, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Contractual vs. common law defenses in commercial leases
A. Force majeure
B. Impossibility
C. Frustration of purpose
D. Commercial impracticability
II. Notable recent state decisions
III. Best practices
The panel will review these and other important topics:
- What are the common law doctrines/defenses used in commercial landlord-tenant cases?
- How did the pandemic affect the evolution of case law related to certain contractual and common law defenses, and how are current cases demonstrating the viability of these defenses today?
- When must a tenant rely on the force majeure clause in a lease?
Related Courses
Commercial Leases and Frustration of Purpose, Impossibility Defenses: Strategies for Landlords and Tenants
Wednesday, April 29, 2026
1:00 p.m. ET./10:00 a.m. PT
