GSA Lease Terminations and DOGE: Limits to Lease Termination; Landlord Rights and Risk Mitigation Strategies

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, June 26, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine the new administration's GSA lease termination process and limits to when GSA leases may be terminated. The panel will also discuss what landlords should be doing to mitigate the risk of termination for default or other reasons that may allow for an early lease termination and what remedies landlords may have if a lease is terminated.
Faculty
Mr. MacKichan’s multifaceted practice involves decades of experience in litigation, government contracts, real estate and public policy issues associated with federal government real estate. Clients call on him for his substantive knowledge and extensive relationships in D.C. and throughout the nation to handle myriad government real estate-related matters, including all aspects of the competitive federal government lease procurement process; lease administration issues arising under the terms of federal leases; filing or defending formal challenges (bid protests) to the competitive lease procurement process; representation of owner/lessors to pursue claims against the federal government, or defending owner/lessors in claims filed by the government, pursuant to the Contract Disputes Act; government holdovers in leased space after expiration of federal leases and federal condemnation of a leasehold interest; disposal of government real estate; federal statutory and regulatory issues associated with the assignment of a lease pursuant to a sale or purchase of a property with federal tenants; and the statutory and regulatory requirements for assignment of rents in the financing of a federal lease. Mr. MacKichan's clients are primarily building owners, real estate developers, REITs and asset managers nationwide in matters relating to federal real estate disputes. He previously served as general counsel of the U.S. GSA, where his work included the authorization for the construction of the International Cultural and Trade Center Building (now named the Ronald Reagan Federal Building) in Washington, D.C., as well as the utilization of public bond financing for several GSA projects.
Description
As part of the new administration’s cost reduction efforts, the Department of Government Efficiency (DOGE) and the U.S. General Services Administration (GSA) have targeted federal government leases in commercial buildings across the country causing concern and confusion for landlords with tenants under GSA leases.
While some government contracts allow federal agencies to terminate for convenience, the same is not true of GSA leases. GSA leases typically include two lease terms—the "soft term" during which the GSA may terminate the lease without penalty, and the "firm term" during which the GSA has no right to terminate the lease early unless there is another allowable reason, such as termination for default where the lessor will not or cannot cure.
Counsel and their landlord clients should understand the impact of these lease cancellations, what they should be doing to mitigate the risk of default or other actions that could allow for lease termination even during the firm term, and what rights they may have when leases are terminated.
Listen as our expert panel examines the new administration's GSA lease termination process and provides an overview of landlord rights and best practices for risk mitigation.
Outline
I. Introduction: DOGE and GSA lease terminations
A. Purpose
B. Potential market impact
II. GSA lease termination limits
A. Firm term vs. soft term
B. Termination for convenience vs. termination for cause
C. Termination for default
D. Other reasons for termination
III. Landlord risk mitigation strategies
A. Lease review to ensure compliance
B. Maintenance requirements
C. Security measures or services
D. Vacancy clauses
E. Holdover rights
F. Other considerations
IV. Landlord rights upon lease termination
V. Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- When and under what circumstances may GSA leases be terminated?
- What should counsel and landlord clients be doing now to mitigate the risk of a lease termination during the firm term?
- What remedies do landlords have when GSA leases are terminated?
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