A lease clause that excuses one or both parties from performing their obligations when extraordinary events beyond their control, such as natural disasters, pandemics, or government actions, make performance impossible or impractical.
Force majeure clauses define specific triggering events (often including acts of God, war, terrorism, epidemics, strikes, and government orders) and the consequences when those events occur. In commercial leases, force majeure typically excuses delays in construction or delivery obligations but does not excuse the obligation to pay rent unless the clause specifically says so. The clause usually requires prompt notice and mitigation efforts. Courts interpret force majeure clauses narrowly, requiring the specific event to be listed or clearly encompassed by the clause language.
A landlord invokes force majeure to justify delayed common area repairs for months after a brief weather event has passed, using the clause to avoid spending money on maintenance while continuing to collect full CAM charges.
Read the force majeure clause carefully to understand which events are covered and whether rent or CAM obligations are affected. Most clauses do not excuse rent payments. If a landlord claims force majeure to avoid maintenance obligations, verify that the triggering event actually applies and that the landlord is making reasonable mitigation efforts.
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Find My OverchargesThis page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.
