Unless the force majeure clause is expressly required, the inability to „use“ the premises does not meet its requirements alone. „Use“ doesn`t just mean the ability to come and go. It also includes its use for hosting devices, servers, furniture, security personnel, etc. Anticipation is also a key. Relying on „the act of God“ as an event of force majeure, said this Supreme Court, „is not an excuse for responsibility if there is a reasonable way to anticipate what is happening.“ More recently, the world has been hit by epidemics such as SARS and H1N1. Prominent figures such as Bill Gates, former U.S. President Barack Obama, are just a few examples of people who have warned the world of the need to prepare for a deadly pandemic. Whether COVID-19 and the resulting blockage are „expected events“ and therefore „force majeure events“ would require debate. While leases concluded prior to the SARS and H1N1 pandemics may be considered a force majeure event, since a pandemic such as covid-19 was not an expected event, the resulting „blockage“ may not meet this requirement. This does not mean that the tenant is automatically allowed to suspend the payment of rent in the event of a pandemic or blockage. The tenant has the right to request only the discharge provided by the contract. If you are not sure you have a force majeure clause in a contract you have signed, sorry for your benefit seeking legal aid. In order to invoke a force majeure event, the specific text of the clause must be taken into account in the contract.
The definition of force majeure is generally broad, but some clauses may be specific. As a general rule, such a clause lists all events that excuse or delay the performance. Common examples are acts of God, war, terrorist attacks, disturbances or civil wars, earthquakes, hurricanes, tornadoes, floods, famines and fires. Most force majeure clauses provide for notice. In these cases, a tenant must give the lessor, in due course, a reference to his intention to avail himself of the clause. If the tenant refrains from communicating in a timely manner, but does so later, he is not entitled to a waiver of the lease until after the termination date. If a contract contains a clause providing for some kind of waiver or suspension of rent, only the tenant can apply for a suspension.