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What Happened: In response to the COVID-19 pandemic, a landlord agreed to reduce a retail tenant’s rent from $7,147 to $3,500. Signed in November 2020, the agreement was retroactive to May 2020 to March 2021, at which time rent would revert back to the original amount. However, the tenant continued to pay the reduced rent from April 1, 2021, through March 1, 2022. The landlord sent the tenant a notice of default after each monthly $3,500 check received; and when the tenant stopped paying rent entirely, it sought eviction for nonpayment.
