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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 5163
Experience:  Owner at James Bruce Solicitors
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Can a tenant rely on "force mejeur" beause of COVID-19, to

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Can a tenant rely on "force mejeur" beause of COVID-19, to stop paying rent?

Hello I will assist you today

If there is a force majeure clause in the tenancy Agreement that would allow him to stop rent payments then yes.

But this would be very very rare to find in a standard tenancy agreement.
Force majeure clauses normally operate in favour of the business or company supplying for goods or service. Very rare in favour of the buyer etc.

Customer: replied 1 year ago.
It's a fixed term sublease agreement. The person moved out from the property and moved back to Belgium, and shows no intent to pay. There is no force mejeure clause in the contract, once she was late with rent, she told me she won't pay and we should compromise the contract. How can I enforce the contract and make her pay?

If there is a guarantor listed you could enforce against them. Otherwise your only course of action would be to seek a court judgement against her. The. Pass the matter to either debt collector or lawyer in Belgium to recover the debt.

Most European countries allow this to happen.

Customer: replied 1 year ago.
I understand, but can she legally stop paying rent, without notice and once she is already 1 day late because she is relying on "force mejeure"?

.No, To rely on a Force Majeure, it must be written in the agreement. If there is no Force Majeure in the agreement, then she cannot rely on the that.

In many contracts, if there is no Force Majeure clause, then parties could look at Frustrated Contract. However this does not apply to tenancy agreement

Bot***** *****ne is she is legally bound to pay you the rent and she has no way out of that.

james bruce and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
I really appreciate your time and the information provided. Have a great day !

Thank you, ***** ***** take care.

Customer: replied 1 year ago.
I have found a problem with the sublease, the master lease ends August 30, and the sublease is dated until 14th of September. I have verbally agreed the landlord that we will renew the contract after August, but can these cause any legal issues with the sublease?

If the main lease continues then so would the sub.