Common Contracts

Commercial lease termination agreement template

Lease Termination Agreement • June 27th, 2023

• Contract Type
  Lease Termination Agreement
• Filed
  June 27th, 2023

If the force majeure language in a contract lacks the necessary specificity, then common-law defenses for “frustration of purpose,” “impracticality,” or “impossibility” may be invoked instead of, or in addition to, a force majeure claim. Frustration of purpose can be argued if the purpose for which the business entered the lease is “substantially frustrated,” such as a restaurant that can only serve takeout during the pandemic, or a gym that can only offer workout classes online. In such cases, a related claim of “temporary impracticability” may also apply. But such arguments, even if successful, don’t usually result in rent obligations being discharged — just reduced or delayed.