“Force Majeure” occurs when an emergency that is unforeseeable at the time of the contract makes the performance of the contract objectively impossible.

Sometimes, a contract contains the Force Majeure clause (“FMC”). Literally “force majeure” translates from French as a “superior force.” According to Black’s Law Dictionary, force majeure is defined as “An event or effect that can be neither anticipated nor controlled”. Force majeure clauses allocate risk between the contracting parties if performance becomes impossible or impracticable because of an unforeseen event.

The most common unforeseen risk currently is the catastrophic economic harm caused by the Coronavirus pandemic.

San Diego tenants & Force Majeure

A San Diego tenant may need assistance with lease modifications or help to obtain a deferment agreement with a residential or commercial landlord. In most cases, a landlord should be willing to work with a tenant, especially if there is a government-mandated closure of business at the property, whether temporary or indefinite.

Normally, a landlord may hold a tenant to the term of the lease, but that may not be enforceable if the lease is deemed impossible to fulfill due to unforeseen government closures amid emergency health conditions.

A landlord should be willing to enter into a deferment agreement whereby your monthly rent is deferred until a later date until you are able to pay. This is an optional approach that can assist you in reaching a resolution with your landlord over any difficulties that your business is having paying rent and to remain in the property established by your business Goodwill as conditions improve.

Call us at Gallagher Krich APC at (858) 926-5797 to explore your legal options, or to request a deferment from your landlord, please download this simple form by purchasing here [link] for $250 and filling in your information such as your lease address, tenant names, landlord’s name and address, the start date, end date of the lease, lease term and monthly rent.

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If you need a “ Closer”, go see Troy. Troy has been one of the best attorneys I have ever worked with. I don’t typically give reviews but after the last case Troy helped me settle out of court, I won’t hesitate to use Troy again! Thanks for all you do Troy !

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I left a voicemail for Tom late Sunday evening and received a phone call first thing the next morning.

Tom was very quick to reply to any questions I had, and if he was caught up in a meeting, he was sure to return my call promptly.

Tom provided sound and logical advice, during a very stressful and uncertain time. At times I asked him to be more aggressive and was often met with the pros and cons of that decision, allowing me to understand the approach and thought process behind his strategy.

Ultimately he provided options for several paths for us to take, worked swiftly, and got us where we needed to be.

He reached out several times to check on my sanity and make sure I was good.

As someone with very high expectations, I would highly recommend his services. He provided expertise that proved to be successful, and also took the time to make sure I was emotionally solid.

Tom assisted with me with a 50% / 50% ownership conflict.

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What was thought to be a simple breach of contract turned into a nightmare. Through their tenacity and their deep knowledge of the law, we were successful. There is no reason to look any further as you will not get any better representation than this firm. I highly recommend them and strongly suggest that if you are considering starting a business or are already managing one, this firm will guide you, avoiding the troubled waters businesses sometimes find themselves in.

Bob W

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