In the post-COVID world, retail leases will need to change andadapt. Several provisions will need to be changed and added toaccount for the possibility of a pandemic and the mandatedshuttering of businesses. This includes adjustments to forcemajeure and insurance provisions as well as use of common areas,common area caps, alterations, and rules and regulations, all ofwhich should be adjusted to reflect the new market.

"These modifications will likely put landlords in a betterposition to respond and react to the new normal that will existuntil a vaccine is developed and widely distributed," DanVillalpando, a partner at Cox, Castle &Nicholson, tells GlobeSt.com.

In regards to the common areas, most leases are currently toobroad to account for usage and social distancing. This is one ofthe first areas that will need to be addressed in leases."Landlords should make sure that the language in the Control ofCommon Area provision found in most leases is broad enough forlandlords to respond and adapt to pandemics and similaremergencies, such as by installing items to improve health andsafety conditions and making other, perhaps currentlyunforeseeable, changes to the common area to comply withrecommendations or requirements of the Center for Disease Controland Prevention, World Health Organization, or state or localauthorities," says Villalpando.

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Kelsi Maree Borland

Kelsi Maree Borland is a freelance journalist and magazine writer based in Los Angeles, California. For more than 5 years, she has extensively reported on the commercial real estate industry, covering major deals across all commercial asset classes, investment strategy and capital markets trends, market commentary, economic trends and new technologies disrupting and revolutionizing the industry. Her work appears daily on GlobeSt.com and regularly in Real Estate Forum Magazine. As a magazine writer, she covers lifestyle and travel trends. Her work has appeared in Angeleno, Los Angeles Magazine, Travel and Leisure and more.