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What Happened: As courts continue to routinely reject force majeure, impossibility, frustration of purpose, and other defenses, it’s hardly surprising that retail tenants would come up with new theories to excuse their failure to pay rent during COVID-19 shutdowns. The fitness center tenant in this case contended that being barred from operating during the shutdown constituted a violation of the landlord’s covenant and warranty of quiet enjoyment. The trial court dismissed the claim without a trial, and the tenant appealed.
