Force majeure clause (acts of God)
Force majeure excuses the landlord from performance during floods, fires, pandemics, or 'acts of God.' Standard for landlord obligations — the danger is when it's written to keep charging rent while excusing the landlord's duties.
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What it actually means
A force majeure clause says that if something extraordinary and unforeseeable prevents a party from performing, they're excused from that performance while the event lasts. Fires, natural disasters, government orders, and (post-2020) pandemics are typical examples.
The tenant-fair version excuses both sides symmetrically: if the unit is uninhabitable due to a covered event, rent abates. The landlord-friendly version excuses only the landlord's repair obligations while still requiring you to pay full rent for a unit you can't live in.
What it looks like in a lease
"Landlord shall not be liable for any failure or delay in performing its obligations under this Lease when such failure or delay is caused by fire, flood, earthquake, pandemic, governmental order, labor dispute, or other event beyond Landlord's reasonable control."
What to watch for
- Whether tenant obligations (rent) are also excused when the unit becomes unusable
- Whether 'pandemic' or 'government order' is explicitly listed
- Whether rent abatement kicks in after a set number of days
How to negotiate it
Ask to add: 'If the Premises are rendered uninhabitable by a force majeure event for more than seven (7) days, Rent shall abate proportionally until habitability is restored, and Tenant may terminate this Lease if such condition continues for thirty (30) days.'
When it crosses into a red flag
- One-sided — excuses landlord but not tenant even when unit is uninhabitable
- No rent abatement mechanism
- 'Tenant remains liable for full Rent regardless of force majeure' — this is why the clause exists in some leases
Frequently asked questions
Can I stop paying rent during a natural disaster?
Only if the unit is uninhabitable AND the lease has a rent abatement clause or your state recognizes automatic abatement. Otherwise you may owe rent even for a unit you can't safely occupy.
Want to know how this works in your specific state? Read the Breaking a lease early guide, or pick your state from the guide index.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
