Your lease does not contain a force majeure clause, leaving you potentially liable for rent and other obligations during unforeseeable events — including pandemics, natural disasters, and government-mandated closures — that are entirely outside your control.
By Angel Campa, Founder · Updated March 2026
Flagged when no force majeure clause is found or when the clause is explicitly absent from the lease.
Without force majeure protection, tenants remained contractually obligated to pay full rent during COVID-19 shutdowns, even when government orders prohibited the tenant's business from operating. Many tenants without this clause faced default proceedings while their premises sat empty by order of law. The financial exposure depends on lease length and monthly rent — but for a 5-year lease at $10,000 per month, even a 3-month abatement that a force majeure clause might provide represents $30,000 in potential savings.
Negotiate a mutual force majeure clause covering both landlord and tenant. The clause should define qualifying events (natural disasters, pandemics, acts of war, government orders, utility failures) and specify that rent obligations are suspended during the period the premises cannot be used for the permitted purpose. Ensure the clause requires the party claiming force majeure to provide written notice within a specified timeframe and take reasonable steps to mitigate the disruption.
Not automatically. The force majeure clause must explicitly address rent obligations. Many clauses only excuse performance obligations (building out the space, operating requirements) but not monetary obligations like rent. Negotiate specifically for rent abatement during qualifying force majeure events, not just performance excuse.
A comprehensive force majeure clause should cover: natural disasters (floods, earthquakes, hurricanes), pandemic or public health emergencies, acts of war or terrorism, government orders restricting use of the premises, extended utility failures, and labor strikes affecting the building. Avoid clauses that list only historical disasters — broad language like "events beyond the reasonable control of the party" provides better protection.
Force majeure must be negotiated before lease execution — it cannot typically be added unilaterally after signing. If you are reviewing an existing lease without this clause, document the absence and consult with an attorney about whether common law doctrines (impossibility, frustration of purpose) might provide partial protection in your jurisdiction.
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