Lost Business / Force Majeure?

[CKMhl]

State of Florida

I have a commercial lease and run a Music Store for retail sales, music lessons, and rentals. We moved into this new space in 2006 from another location. During mid-2006 through 2007, the road in front of our complex (other businesses here as well under same landlord) was closed off completely with road closed signs stopping all but local traffic. We were constantly told by landlord it was only a temporary situation but obviously was not. The business has lost sales, students, and ultimately considerable business compared to revenues at previous location documented. We kept up rent payments all through 2006 and got a little behind at end of 2007 when it starting getting very bad. All this time, the landloard has done nothing to assist and even increased rent in Feb. 2007 as was their lease right even with sincere request not to do so at this time. The LL is hammering us now on catchng up everything ASAP and this occurred simultaneously with re-opening of road (same week literally). We sent a repay plan and hopefully can stick to it as business increases.

My question: Is there anything we can do to recoup losses in business or rent based on a governmental road closure that we nor the landlaord could control? This seems to fall into category of force majeure but I am not sure. Further, as the landlord did not inform my company of this planned road closure prior to signing lease are they liable (it is very possible they were aware of it from certain conversations and a planned housing subdivision near building).

BTW: I should mention that all businesses in the building complex were affected and lost money, went out of business, or left. We remained and have tried to make good on all obligations and direct contact.

Thanks for any assistance

[Zigner]

Have you spoken with the city? They may provide grants or low-cost loans in situations such as this.
Beyond that, there's not much more to do.