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Assignment Update. The Landlord added COVID to leaase

Discussion in 'Commercial Landlord & Tenant Issues' started by rks117, Feb 19, 2021.

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  1. rks117

    rks117 Law Topic Starter New Member

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    Jurisdiction:
    California
    Due to a transfer of ownership of a business an update to the lease was done. In the update, unexpectedly the Landlord added the clause that we cannot use COVID as a force majeure for not paying rent. We have always paid rent even during the lockdown times of covid. I am not sure where is our rights protected if we sign the update. Please advise. Thanks a bunch sincerely
     
  2. army judge

    army judge Super Moderator

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    The amended terms of your EXISTING written lease have nothing to do with your rights.

    If you AGREE to the amended terms of the lease by signing same, that is your choice.

    You aren't legally required to agree to any of the lease terms, unless you CHOOSE to do so.

    However, if you choose NOT to agree, I suspect the landlord MIGHT exercise her/his right to NOT renew the lease as the end term approaches.


    However, you survived the prior Covid contingencies quite well, and I suspect you'll do the same this time.

    The landlord appears to be anticipating more losses under Covid, and is trying to get tenants to agree NOT to use any rights granted to them via governmental laws or declared fiats.

    Fortunately for you, if you choose to agree and the laws or politician decrees say otherwise (as they did recently), you could freely choose to enjoy any benefits granted pursuant to the then existing governmental decrees or laws.

    The landlord is overthinking it, and his/her coercion would be deemed meaningless by virtue of the then existing laws/decrees.

    Heck, I'd sign the darn thing to avoid any flack that MIGHT come my way down the pike.

    What you decide is entirely up to you.

    I wish you good health, safety, and success.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    Army Judge said pretty much what I was going to say. I would add, though, that your current lease was likely assigned to the new owners "as is" and somebody is trying to do an end run against the "as is."

    Unless there is something in the lease that allows for "updates" then you are free to say no to them now but you'll probably have to deal with them when your lease renews.

    If you don't think your rights are being protected, your next step is to have your lawyer review your lease and the proposed "update."
     
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  4. zddoodah

    zddoodah Well-Known Member

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    No one who hasn't read the lease amendment can intelligently comment on its legal effect. That said, what you described isn't likely to be enforceable, whether or not you sign it.

    Yup.
     

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