Legal & Structural

Force Majeure Clause

A force majeure clause excuses a party's performance obligations under the lease when extraordinary events beyond their control — including natural disasters, pandemics, wars, government orders, and utility failures — make performance impossible or commercially impracticable. The clause typically suspends, rather than terminates, the affected obligations for the duration of the force majeure event.

By Angel Campa, Founder · Updated March 2026

Why It Matters

The COVID-19 pandemic exposed the inadequacy of most commercial lease force majeure clauses, which historically excluded financial obligations like rent from their scope. Tenants who had negotiated broad force majeure clauses that expressly covered rent obligations during government-ordered closures had a legal basis to suspend rent; tenants without such provisions had no contractual relief and faced eviction despite generating zero revenue. Post-pandemic lease negotiations routinely include pandemic-specific force majeure language, making this clause far more significant than it was historically treated.

How to Negotiate

Specifically include pandemic, epidemic, and government-ordered closure events in the definition of force majeure, rather than relying on general catchall language. Push to include rent obligations within the scope of suspended performance rather than treating rent as an absolute obligation regardless of circumstances. Negotiate a cure period — typically 90–180 days — after which either party may terminate the lease if the force majeure event has not resolved. Require prompt notice obligations (typically 10–30 days after the force majeure event begins) to preserve the clause's protections.

Common Variations

Narrow force majeure clauses excluding financial obligations (most common pre-2020), broad force majeure clauses including rent suspension during government shutdowns, force majeure with mutual termination rights after extended events, and clauses specifically addressing supply chain disruptions for tenants requiring specialized equipment or materials.

Common in These Lease Types

NNN LeaseGross LeaseOffice LeaseIndustrial LeaseRetail Leases

Related Extracted Fields

Lextract extracts these fields directly from your lease PDF when this clause is present:

Related Clauses

Related Articles

Need to identify force majeure clause language in your lease?

Upload your lease PDF and Lextract extracts 125+ structured fields with confidence scoring and red flag detection — automatically. Just $20 per lease.

Upload Your Lease