↓ Skip to main content
  1. Tags/

Rent-Abatement

Your Rent Abatement Is Zero When the Named Storm Deductible Exceeds the Loss

The 2026 Atlantic season has produced seven named storms and no hurricanes, and more than a billion dollars of damage. A hurricane deductible would not have fired once. A named storm deductible fires on a 45 mph tropical storm, and on a Gulf Coast property it is usually 5 percent of the insured value, which on a mid-sized shopping center is a seven-figure number the insurer never pays. The AIR CRE form then calls the loss an Insured Loss anyway, bills the deductible to the tenants as an operating expense, and caps rent abatement at insurance proceeds that were never released.

A Takings Clause Reaches Shutdown Orders a Force Majeure Clause Misses

Free People kept storing inventory and shipping online orders from its Meatpacking District store while New York's shutdown orders were in force, and the district court called that enough occupancy to owe rent. The Second Circuit reversed a $6.7 million judgment, holding that the lease's takings clause protected the ability to operate a store, which is not the same thing as holding the keys.