Force majeure & COVID-19

[LewisBoy]

What is the name of your state? California

Hello -

I have lived in the USA for 3yrs running the US office of a British company. Unfortunately, our business has been it very hard by Coronovirus and we have no orders/work until at least 2021. For this reason my company have decided to close the US office and I have been made redundant with immediate effect. My visa does not allow me to work for any other company so I have to return to Britain.

I signed a new 12-month lease on our home in late January, and need to break the lease so I can move home. The lease contains the following force majeure clause and I would like to know if I can enact this clause as a reason to break the lease early without penalties.

"FORCE MAJEURE
Landlord, and landlord's agent or other representative, shall be excused from performance of obligations if prevented from fulfilling such obligations by an act of God, strikes, epidemics, war, acts of terrorism, riots, or other occurrence, which is beyond our control."

We are good tennants, and would like to work with the owner to help them re-rent, but ultimately will not be able to afford to pay rent from July onwards, and will be leaving the property before the end of June to return to UK.

My Question:
1.) Would this clause allow me to break the lease without penalty?

Many thanks in advance.

 

[PayrollHRGuy]

What is the name of your state? California

Hello -

I have lived in the USA for 3yrs running the US office of a British company. Unfortunately, our business has been it very hard by Coronovirus and we have no orders/work until at least 2021. For this reason my company have decided to close the US office and I have been made redundant with immediate effect. My visa does not allow me to work for any other company so I have to return to Britain.

I signed a new 12-month lease on our home in late January, and need to break the lease so I can move home. The lease contains the following force majeure clause and I would like to know if I can enact this clause as a reason to break the lease early without penalties.

" FORCE MAJEURE

Landlord, and landlord's agent or other representative, shall be excused from performance of obligations if prevented from fulfilling such obligations by an act of God, strikes, epidemics, war, acts of terrorism, riots, or other occurrence, which is beyond our control."

We are good tennants, and would like to work with the owner to help them re-rent, but ultimately will not be able to afford to pay rent from July onwards, and will be leaving the property before the end of June to return to UK.

Many thanks in advance.

I feel sorry for your situation but I have to say something is missing in your post. A question.

 

[LdiJ]

What is the name of your state? California

Hello -

I have lived in the USA for 3yrs running the US office of a British company. Unfortunately, our business has been it very hard by Coronovirus and we have no orders/work until at least 2021. For this reason my company have decided to close the US office and I have been made redundant with immediate effect. My visa does not allow me to work for any other company so I have to return to Britain.

I signed a new 12-month lease on our home in late January, and need to break the lease so I can move home. The lease contains the following force majeure clause and I would like to know if I can enact this clause as a reason to break the lease early without penalties.

" FORCE MAJEURE

Landlord, and landlord's agent or other representative, shall be excused from performance of obligations if prevented from fulfilling such obligations by an act of God, strikes, epidemics, war, acts of terrorism, riots, or other occurrence, which is beyond our control."

We are good tennants, and would like to work with the owner to help them re-rent, but ultimately will not be able to afford to pay rent from July onwards, and will be leaving the property before the end of June to return to UK.

Many thanks in advance.

You will simply have to discuss it with the landlord. That clause really doesn't work in your favor, it works in the landlord's favor. However sometimes a landlord will work with a tenant when there are extraordinary circumstances.

 

[Zigner]

I feel sorry for your situation but I have to say something is missing in your post. A question.

As phrased, it's a statement, but the OP is pretty clear about what information he would like.

The lease contains the following force majeure clause and I would like to know if I can enact this clause as a reason to break the lease early without penalties.
...

 

[Zigner]

What is the name of your state? California

Hello -

I have lived in the USA for 3yrs running the US office of a British company. Unfortunately, our business has been it very hard by Coronovirus and we have no orders/work until at least 2021. For this reason my company have decided to close the US office and I have been made redundant with immediate effect. My visa does not allow me to work for any other company so I have to return to Britain.

I signed a new 12-month lease on our home in late January, and need to break the lease so I can move home. The lease contains the following force majeure clause and I would like to know if I can enact this clause as a reason to break the lease early without penalties.

" FORCE MAJEURE

Landlord, and landlord's agent or other representative, shall be excused from performance of obligations if prevented from fulfilling such obligations by an act of God, strikes, epidemics, war, acts of terrorism, riots, or other occurrence, which is beyond our control."

We are good tennants, and would like to work with the owner to help them re-rent, but ultimately will not be able to afford to pay rent from July onwards, and will be leaving the property before the end of June to return to UK.

Many thanks in advance.

That clause isn't for you, it's for the landlord.

Maintain the communication, but ultimately, you need to do what you need to do.

 

[PayrollHRGuy]

As phrased, it's a statement, but the OP is pretty clear about what information he would like.

All the OP would have had to add was, "Does the FORCE MAJEURE clause protect me?" he was so close.

 

[Zigner]

All the OP would have had to add was, "Does the FORCE MAJEURE clause protect me?" he was so close.

I don't think that was necessary. It is acceptable to phrase it as the OP did. There is an implied question on this forum, namely "What can we help you with?" Acceptable responses can include (as examples) the following:

I would like to know if the bus stops here.
I would like to know when the bakery opens.
I would like to know how to create rubber chickens with meat substitute.

 

[Zigner]

For the OP: Why do you feel the LL should be left holding the bag for this? I understand that this puts you in a very difficult position, but the operative word there is "you".

 

[adjusterjack]

All the OP would have had to add was, "Does the FORCE MAJEURE clause protect me?" he was so close.

He didn't have to add it.

Anybody with half a brain knows what the question was.

 

[LdiJ]

For the OP: Why do you feel the LL should be left holding the bag for this? I understand that this puts you in a very difficult position, but the operative word there is "you".

These are special circumstances. The OP cannot remain in the US and therefore cannot continue to live in the home. The OP is currently unemployed and clearly stated that he cannot pay for the apartment after July. Therefore I don't even see the point in asking the questions, unless you mean to suggest that he should live and work in the US illegally so he can continue to pay the landlord rent.

 

[FarmerJ]

If you tell the landlord in writing now at least the LL can begin to show it. your LL is going to be in the same boat as many other landlords are now , with tenants who cant pay, nicely remind the LL that you regret this has happened but it is possible the unit could be re rented with no vacancy loss and will do your best to leave every thing clean ( windows, walls , insides of closets and cabinettes stove oven fridge tub sinks light fixture glass ETC. Make sure you take photos of how nice and clean you leave it

 

[PayrollHRGuy]

He didn't have to add it.

Anybody with half a brain knows what the question was.

But one would think that "Landlord, and landlord's agent or other representative,... " was pretty clear as well.

 

[Zigner]

These are special circumstances. The OP cannot remain in the US and therefore cannot continue to live in the home. The OP is currently unemployed and clearly stated that he cannot pay for the apartment after July. Therefore I don't even see the point in asking the questions, unless you mean to suggest that he should live and work in the US illegally so he can continue to pay the landlord rent.

I understand the circumstances. I am saying that these things are the OP's problem. Why should the OP try to make it the landlord's problem?

 

[xylene]

I suggest you contact a lawyer versed in US and UK law. Something seems amiss here.

 

[PayrollHRGuy]

I suggest you contact a lawyer versed in US and UK law. Something seems amiss here.

I'm curious what you think is amiss and what you think a UK lawyer could do about it?