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What Happened: A landlord took a cosmetology school tenant and its guarantors to court for failing to pay rent in 2020 while government COVID-19 shutdown orders were in effect. The defendants raised the usual affirmative defenses including force majeure and frustration of purpose. And, as usual, the court rejected the defenses and found the tenant liable for unpaid rent. It also ordered the tenant to pay a late fee of 5 percent of base rent for each month unpaid.
