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Courts in three different jurisdictions recently handed down
decisions against commercial tenants in disputes with their
landlords over rent obligations during the COVID-19 pandemic,
rejecting the tenants common law defenses and interpreting the
leases as written.
Illinois State Court
Ponte Gadea Chicago, LLC v. Banana Republic,
LLC, No. 20 L 6235 (Ill. Cir. Ct., Cook Cty Mar. 24,
2021) - The landlord sued tenant Banana Republic for not
paying rent during the pandemic. In response, Banana Republic
raised fifteen common law defenses, including frustration of
purpose and impossibility, and asserted a four-count counterclaim