The court held that, although there was a breach of the lease agreement, this offence was not necessarily so fundamental that it has the right to terminate the contract to the tenant. Although there was a substantial modification of the work (in accordance with the contract) and the lessor`s amendment constituted a breach of the lease agreement, the lessor`s breach did not necessarily constitute a substantial breach that warranted termination of the contract. This is a rather subtle point and it is easy to understand why lawyers are sometimes accused of sophistry. It is a good idea to agree, at the conclusion stage of the contract, on the offences that lead to termination, so that both parties are clear from the outset and that this can then be incorporated into the lease. 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.)).
Disclaimer: The information provided on the site is exclusively for information. Each state has its own landlord-tenant laws that prescribe protection for a tenant in the case of a landlord in the case of a landlord under a commercial or residential tenancy agreement. You should contact a licensed lawyer in your jurisdiction if you have questions about your state`s laws and how they apply to your particular situation. An expiry clause in a tenancy agreement allows the lessor to prematurely terminate the lease and recover ownership of the leased property due to a breach of the tenant`s contract. This is the ultimate penalty for a landlord for tenant offences and, although severe, is a standard clause in most rental contracts. If the rental premises become uninhabitable and the tenant cannot stay there, the tenant receives a rent reduction of 100% per day, from the day of the injury declaration to the date of the nature of the conditions and the premises again habitable. 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. As with any contract, the lessor has corrective measures when a tenant violates the terms of his tenancy agreement. The Court of Appeal held that while the parties have the opportunity to determine precisely what type of offence would allow the tenant to terminate a contract, it was not what the parties had done here and that it would not be economically appropriate for a violation of agreed size tolerance (e.g.
B an undersized stock) automatically allows the tenant to terminate the contract. Historically, many leases also included tenant bankruptcy or insolvency as reasons for liquidation, but this provision is not acceptable to most mortgage lenders and is now unusual (with respect to domestic rents). The right to enter and repossess rental premises is often not limited to late payments. For many commercial tenancy agreements, these rights are also expressly granted to the lessor if a delay is made in the execution of a tenant`s agreement or obligation and the delay occurs or continues for a specified period of time.