“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.

Client Reviews

6/27/18, FindLaw.com

Rated 5 out of 5

We received a letter from an attorney representing an ex employee from years ago. This letter couldn’t have come at a worse time for our family. Although the ex-employee had no substance in their case and this was mostly a nuisance, we felt very vulnerable and unprepared. I reached out to a few lawyers for a quote and their retainer fees alone were deal breakers. When I reached Thomas Gallagher, he approached my case from a completely different angle and walked me through the many small steps we would take to get through this issue. Within the first conversation I felt like I had a plan of attack, an attorney I could trust, and that our family was protected. Our case ended up never going to court. In fact, Thomas was able to resolve the entire issue within a week. I am extremely happy with the results from this potential lawsuit, but even happier knowing my family and business is now protected by a lawyer than can get the job done.


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