What I don't get about COVID & small businesses: TX commercial leases carry an explicit or implied warranty of suitability.
Why is the onus not on the landlord to make rental properties COVID-safe, or willingly waive rent until the business is able to SAFELY resume operations?
Why is the onus not on the landlord to make rental properties COVID-safe, or willingly waive rent until the business is able to SAFELY resume operations?
It seems that by allowing businesses to reopen at full capacity unmasked, but where it is unsafe for individual business owners to do so due to limitations of the facilities, the governor has screwed landlords by opening them up to new expenses to ensure 'suitability' -
whether remediation/ventilation upgrades and other enhancements necessary to ensure business owner/worker/public safety per both state AND OSHA guidelines (which I assume are WIP)
or face constructive eviction suits and be forced to pay the resulting damages to business owners.
or face constructive eviction suits and be forced to pay the resulting damages to business owners.
In opening up the state 100%, the TX Governor has shifted the onus for ensuring public safety off of the state and onto the backs NOT of business owners, but of those who are responsible for maintaining the suitability/habitability of leased properties.
So, maybe what Austin leadership needs to do: realistically revisit business max people capacity for safe operation in the COVID environment, ensure there's a local law that allows business owners to withhold rent proportional to the loss in safe max occupancy.
IOW, if you hit the landlords in the pocketbook, you can bet landlords will demand action - the state might rethink their suit against the city, and allow mask mandates to resume locally - OR statewide.
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