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What is a Force Majeure Notice?
Of course, a Force Majeure Notice requires that your contract contain a Force Majeure clause that frees both parties from liability when an extraordinary event prevents one or both parties from fulfilling their responsibilities under the contract. It is also important to understand that invoking force majeure may not automatically relieve you of your legal obligations if your contract is not worded to protect you in this situation. If you are unsure of your rights within your contract, ask a lawyer.
However, even if you do not have a Force Majeure clause in your contract, or the contract is worded in a way that does not cover your specific situation, it may still be valuable to provide notice to the other party and request an amendment.
When to use a Force Majeure Notice:
- You are a landlord whose residential or commercial tenant can't pay rent.
- You have been asked by your tenant to defer rental payments because of COVID-19 and agree to this deferral.
- You want to set out the terms of the rent deferral and repayment.
- You want to temporarily reduce rent in exchange for help on the property.