Commercial Lease lawyers
Vancouver Commercial Lease Lawyers – Landlords & Tenants
Commercial Lease Lawyers for Vancouver & all of British Columbia 604-684-4300
Legal Advice for BC Landlords and Tenants
If you are a landlord attempting to terminate a commercial lease, or a tenant facing eviction, we can offer you legal advice and assistance. If you are landlord, there are various types of notice that must be considered in order to ensure you obtain the full value of the lease. If you are a tenant, there may be remedies available to prevent your eviction. Whatever your issue, our experienced commercial lease lawyers can ensure your rights are protected.
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Downtown Vancouver Commercial Lease Lawyers – Bungay Law Office 604-684-4300
Breach of a Commercial Lease – Landlord’s Remedies
There are various ways in which a tenant can break a lease. Generally, this occurs when the tenant stops paying rent. In some cases, the tenant actually abandons the lease and walks out of the premises. In either scenario, a landlord is entitled to enforce their rights under a lease. This can include suing the tenant in Court for the arrears. In many cases, the landlord is also entitled to sue for any future losses which arise due to the tenant breaking the lease.
Why legal advice is important for BC Landlords
Generally, before a landlord takes any action with respect to the premises, he or she should talk with an experienced commercial lease lawyer. The law sets out specific types of notice a landlord is required to give before terminating the lease. If proper notice is not given by a landlord, he or she may forfeit claiming the full value of all monies owing. The law sets out four options for a landlord when a lease is breached by a tenant:
- The landlord can insist the lease remains in effect and sue for the ongoing unpaid rent
- The landlord can terminate the lease and sue for damages up to the date the lease is terminated
- The landlord can advise the tenant the property is going to be re-leased to someone else and can enter and take possession of the property
- The landlord can terminate the lease while at the same time giving clear notice that future loss of rent is also being claimed
Which of the above options is best will depend upon the particular circumstances. However, it must be emphasized; if a landlord terminates a lease without giving the appropriate type of notice, he or she may forego claiming the full loss of the contract.
Vancouver Commercial Lease Lawyers 604-684-4300 Commercial Litigation
How can a tenant avoid being evicted by a landlord?
There are legal ways that a tenant can avoid being evicted. This is true even if the tenant has not paid rent. A tenant may be able to argue that the premises were not fit for the purpose for which they were rented. For example, if a tenant has rented a space for a business, and there is some defect which makes it hard to carry out their business, the tenant may be able to get out of the lease. The examples of this vary greatly. In one case, the Court permitted a tenant to get out of a lease contract when a poor odor made the location unattractive for customers. In another case, the landlord’s failure to activate the air conditioning system allowed a company leasing the premises to claim that premises were unfit for the use of their business. In that case, the Court allowed the tenant to break the lease and sue the landlord for damages. In short, if after leasing the premises, the tenant finds that the condition is not what they bargained for, the tenant may be able to break the lease without being required to pay rent. In some of these cases, the tenant can obtain damages from the landlord for breach of contract.
Relief from Forfeiture
The legal concept of relief from forfeiture may, in some cases, allow a tenant to stop their eviction. This legal principle allows a tenant to re-instate a lease that has ended by the landlord because of their defaulting on the rent. A Court may grant this relief for a number of different reasons, including a consideration of whether it would be fair in the circumstances to allow the tenant to be evicted. The Court will look at how serious the breach was, and the value of any property forfeited as a result of the tenant’s default. The Court will also look at the conduct of the tenant, and will examine whether they had a good overall history of paying rent. If a tenant had a good history of paying rent, and if they were honest and up front about their inability to pay, a Court may order the lease to be re-instated for the benefit of the tenant. Before terminating a lease, landlords need to be aware of this principle and how it may affect their ability to sue on the lease. Similarly, tenants must understand that this remedy only applies in very special circumstances. Whether you are a landlord trying to terminate a lease, or a tenant facing eviction, the advice of an experienced commercial lease lawyer is crucial before taking any action.
Downtown Vancouver Commercial Lease Lawyers – Bungay Law Office 604-684-4300
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