Does COVID-19 Closure Trigger Force Majeure Rent Relief for a Retail Tenant?

Historically, boilerplate force majeure clauses have excused parties from performing lease obligations made impossible by unforeseen and unpreventable events, including government actions that make performance impossible. During the pandemic, retail and restaurant tenants across the country relied on the “government actions” language clauses to justify their failure to pay rent during the months state government shutdown orders prevented them from operating.