Commercial Tenants May be Able to Use “Doctrine of Impossibility” to Excuse Nonpayment of Rent

A recent Oklahoma Supreme Court decision may make it more difficult for a landlord to prevail, at least in the early stages, of a forcible entry detainer or other action seeking to evict a tenant and to recover for past-due rent. In a split decision marked by a pointed dissent, the court majority held that a tenant may assert the affirmative defense of impossibility of performance, even in the face of contrary provision in the parties’ lease. The Supreme Court then remanded the case to the district court to allow the defendant to present evidence of impossibility. More.


Associated People:

Michael R. Pacewicz

Practice Area:

Real Estate