December 6

Defaulting On Lease Agreement

Landlords should bear in mind that the four remedies available to them as a result of the breach of principle of the tenant`s tenancy agreement are mutually exclusive; The law requires the lessor to disclose in a timely manner the corrective actions it is considering (Makhija Holdings Ltd. v. Boulevard Prescriptions Ltd. (2005), 42 R.P.R. (4) 142 (B.C S.C.)). In addition to non-payment of rents and other breaches of the lease, the abandonment of land leased by a tenant may constitute a fundamental violation of the lease which may give the lessor a number of remedies and possibly additional remedies available to the lessor under the tenancy agreement. In addition to the aforementioned rights and remedies, many commercial leases also allow the landlord to charge the tenant because of the legal costs incurred to enforce the tenancy agreement as well as interest on the outstanding sums and recover them against the tenant. “Leasing, like any other contract, includes default clauses and corrective clauses. However, since the potential consequences of late payment under a lease agreement can be catastrophic, the corrective clauses in leases merit closer consideration than corrective clauses in other types of contracts. From the landlord`s point of view, landlords do not feel that they should be forced to negotiate with tenants what the landlord can and cannot do if the tenant does not meet the agreed obligations and is in default. While, from the tenant`s point of view, a lessor has the right to take whatever steps he or she deems necessary to protect himself after a tenant`s loss, the lessor should also take reasonable steps in the circumstances to minimize his own losses and thereby reduce the damage to which the tenant is responsible.

What To Do In the Default: Remedies for Breach of a Commercial Lease, Buckley Law PC, Feb 24, 2010. The termination clause should also designate the Court of Urgent Matters as the appropriate Court of Justice for obtaining the required deportation order. This is due in large part to opportunity. However, the Court of Urgent Matters can only issue an eviction order if it is satisfied that the tenancy agreement was automatically terminated after the tenant was late and the corresponding notice period was not met. Any doubt as to the existence of the lease may lead the Court of Urgent Matters not to be able to deal with it. In Alberta, business owners can make an emergency foreclosure for unpaid rents without having to sue and obtain a judgment against the tenant. A lessor may exercise its distress rights by a civil authority in accordance with the Civil Enforcement Act. In addition, many commercial leases include provisions that expand the landlord`s ability to seize unpaid rents, including exemptions otherwise available to the tenant and the ability to track assets due from off-site buildings to other sites. This remedy allows the lessor to prevent the tenant from violating an obligation of the tenancy agreement such as the user contract.

For example, a landlord may prevent the tenant from changing the type of goods sold on the site. I think the leases with this scenario end in negotiation. In Scenario 1, the tenant may be sanitized in the event of a delay and may not have control over the amount of the IT allowance or the commission paid by the lessor at the time of the new lease.

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