Most force majeure clauses provide for notice. In these cases, a tenant must give the lessor, in due course, a reference to his intention to avail himself of the clause. If the tenant refrains from communicating in a timely manner, but does so later, he is not entitled to a waiver of the lease until after the termination date. Comparative difficulties must be taken into account. A multinational company that invokes the „force majeure“ to apologise for the payment of rent for premises owned by a person dependent on rent for survival would bring enormous hardship to the landlord, whereas in the opposite situation, tenants may be affected in the same way. While this is not a legal argument, it should encourage the parties to find a convenient solution for both parties to avoid difficulties in times of stress. While protection may be sought under the force majeure clause, this could be unfair. But the question is what about the rights of those who have been forced to evacuate their inhabitants and fight for themselves. Even the Apex court refused to enter a plea to instruct the centre to ensure compliance with the MHA order that landlords not ask students or workers not to evacuate the premises or to ask for rent for a month during the COVID-1b blockade. A bank headed by Judge Ashok Bhushan, who heard the case via video conference, rejected the plea and said the Supreme Court could not enforce government orders.
In circumstances such as the outbreak of a pandemic such as the current COVID-19 outbreak, the reasons why tenants or other parties residing in a similar manner could request a waiver or non-payment of monthly amounts would be governed by Section 32 of the Indian Contract Act (`ICA`) under contracts that have a force majeure clause. The Gap, Inc. v. Ponte Gadea New York LLC, No. 1:20-cv-04541 (S.D.D.N.Y. 2020) (the tenant seeks, among other things, the termination/termination of the lease on the grounds that the covid-19 crisis and civil law orders constitute an „accident“ within the meaning of the force majeure clause leading to a permanent dismissal of the rent and the termination of the lease; The lessor objected to the breach of contract and argued that COVID-19 and the civil law orders did not fall within the scope of the force majeure clause and that the force majeure clause did not excuse the contractual obligation to pay the rent; The tenant responds with a general denial of the lessor`s claims regarding the force majeure clause and responds in the affirmative to the defence for other reasons; Tenant is seeking the suspension until the decision of Multidistrict Litigation Panel to consolidate this and 32 other materially similar actions against tenants in the course of federal courts; Multidistrict Litigation Panel refused.) (06/12/2020 Complaint; 07/07/2020 Response and counter-claims; 28.07.2020 Counter-demand response; 08/11/2020 Applicant`s Request for a Stay Pending Decision of the Multidistrict Litigation Panel to Accept Transfer of Federal Court Actions; 09/18/2020 Memorell of Law in Further Support of Motion for Summary Judgment; 09/25/2020 Reply of Law Memorandum) Given the unprecedented disruptions caused by the coronavirus pandemic, many donors and developers will face significant delays in the implementation of their construction obligations under leases and other development contracts.