Frustration of Purpose and Impossibility Doctrines: Guidance for Landlords and Tenants

In recent cases where tenants have sought to avoid rent during the pandemic, state and federal courts have looked to the specific terms of each lease, rather than the highly unusual circumstances, to decide whether tenant performance under the lease was excusable due to either frustration of purpose or impossibility. As a result, cases from around the country have come to differing conclusions as to whether to grant the requested relief. The focus of the courts on the specific language of each lease highlights the importance of careful and specific lease drafting.

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