Solo and Small Firm

The Practitioner Fall 2020, Volume 26, Issue 4

How Commercial Tenants Can Save Their Lease Post COVID-19

By Ajay Gupta

A Michigan native, Ajay Gupta came to San Diego in 2002. He lives in La Jolla with his beautiful wife, two boys, and cat. Mr. Gupta has been recognized by SuperLawyers from 2015 through 2018, and is one of 13 certified bankruptcy specialists in San Diego County and widely regarded as an authority in the area of real estate and corporate law. Learn more about Ajay at

In April of 2020, in response to California’s COVID-19 state-of-emergency declaration, Governor Gavin Newsom and the California Judicial Council ordered that landlords cannot initiate an unlawful detainer action until 90 days after Governor Newsom lifts the State of Emergency Declaration. These governmental actions have certainly provided some welcomed breathing room for tenants that have felt the immediate economic impacts of COVID-19.

However, it is uncertain how much longer these orders will stay in place. As Governor Newsom recently announced, Californians have "arguably" flattened the curve,1 and we are in phase two of the State’s four-phase reopening plan. Given new developments throughout the state of California, commercial and residential tenants alike need to start questioning how they will protect their tenancy once the government lifts these tenant-friendly orders.

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