We recognize that the health crisis COVID 19 is weighing heavily on the finances of many residents. Our goal is to keep residents safe in their homes. Multifamily NW modified the Rental Forms collection to introduce rent accommodation and the moratorium on waste during the COVID 19 pandemic. Multifamily NW makes these new COVID-19 forms available free of charge. Follow the link to download the forms. These forms are also available on the RentalFormsCenter.com and TenantTech.com. Before proceeding with a commercial lease agreement during COVID-19, contact the lawyers of Crawford-Von Keller, LLC to understand the practical and financial issues of a leasing leniency contract. The leniency contract should in no way nullify the lessor`s recourse under the lease, the right or the equity. In addition to the remedial measures already provided under the tenancy agreement, the landlord may seek the right to accelerate the deferred rent in the event of a late event by the tenant (as described above) and to terminate the lease if the tenant does not re-predict the deferred rent on time. A landlord could also consider obtaining a pledge on the tenant`s personal property (which may include receivables, equipment, personal property, etc. according to the UCC).
If the land is in a state that does not provide for the legal owner`s right to guarantee on the tenant`s personal property, it may be necessary to include a UCC security provision in the leniency contract and file a UCC-1 funding statement with the relevant Secretary of State in order to complete this security interest. However, note that even if the tenant is willing to grant a security interest to his personal property, such a subsidy could be non-ae in bankruptcy filing as a fraudulent preference or transfer. Nevertheless, the owner will probably be better placed with the interest of security than without him. The tenant should also be careful not to reduce their funding by issuing a security interest in favour of the lessor. Economic activity was generally stifled during the quarantine period. After being forced to close temporarily, businesses of all kinds lost significant revenues and, in some cases, closed their doors in the longer term or withdrew completely from the business. As a result, many commercial tenants are unable to meet their monthly rental obligations as the global pandemic continues. This is increasingly a problem, as cases of infection are exploding across the country and some states are halting or reversing their reopening times. A certain period of leniency should be set – on the basis of existing defaults, the lender/lessor should agree to take further action on the basis of defaults or an earlier acceleration of the debt only for a specified period. During the period that has been set, the borrower/taker should be required to complete certain defined steps (refinancing liabilities, selling collateral, obtaining equity or other marginal measures). Early leniency events should be limited – failures that would cause an earlier end to the leniency period should be defined.
This may include non-compliance with certain milestones up to a specified date (future payment obligations, receipt of a letter of commitment or legislation, non-performance of budgeted revenue targets or overruns of budgeted postal expenditures) or failure under another provision of credit or leasing documents or other important third-party agreements. As retailers across the country are slowly returning to the closure of COVID-19, many tenants are still struggling, if not impossible, to meet their rental and other financial obligations. Some landlords are looking for ways to temporarily relieve their tenants to help them through this difficult time. Some landlords are considering deferring or deferring rent for a limited time to give tenants a break until their activity improves.