This is the calm before a litigation storm, according to Sean Gaffney of Crosbie Gliner Schiffman Southard & Swanson. A flood of CRE litigation could be on the way next year. Loans and leases can only be restructured for so long before they result in defaults, which will in turn trigger litigation.

"The coronavirus pandemic has had such pervasive effects on both the commercial and residential real estate markets that the vast majority of landlords, lenders, and business owners have worked in good faith to offer substantial concessions to tenants and borrowers," Gaffney, a partner at CGS3, tells "However, loans and leases can't be restructured indefinitely and with the market showing unexpected strength in terms of long-term valuation, there will inevitably be a wave of defaults that will manifest in litigation."

Eviction litigation is certainly at the top of that list. While landlords are unable to move forward with litigation in the courts, many are preparing to file eviction cases when the courts re-open. "With eviction moratoriums still in place, courts still operating under general restrictions after lengthy closures, and jury trials postponed for months to come—all due to the COVID 19 crisis—everything is in a holding pattern. But by early next year,  there could  be an onslaught of evictions and ensuing litigation, impacting the office, retail and multifamily sectors," says Gaffney.

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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 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.