The landlord may notify the tenant or person in possession only 14 days after the written notification that the tenant or person in possession is in breach of the tenancy agreement and that the lessor wishes to take over the leased premises if: A significant violation by a tenant involves one of these four issues: In Alberta, commercial landlords can make an emergency impact on unpaid rents without having to first take legal action and 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. The person making the communication should check whether the problem justifies the termination of the agreement. If an agreement is terminated without reasonable cause, the person indicating termination may be liable for the losses suffered by the disadvantaged person. The application to QCAT does not automatically mean that the contract is terminated. The tenant should continue to pay the rent until the official end of the contract. 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. You should first check the terms of your lease to determine what the insurance rules are and who is responsible for them… 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. In the following cases, even if a breach of a tenancy agreement has occurred, the victim is required to reduce the damage suffered (decreased): the owners must bear in mind that the four above-mentioned remedies available to them because of the fundamental breach of the tenancy agreement by the tenant 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.)). If you need advice or assistance in selling or purchasing rental properties, please contact one of our 5 experienced residential conveyancing teams. If the offence is not corrected and it is a substantial offence, To avoid a default on a commercial lease, a tenant should consider other options that might be available to him: historically, many leases also included the tenant`s bankruptcy or insolvency as grounds for recovery, but this provision is unacceptable to most mortgage lenders and is now unacceptable (with respect to residential/domestic rents).
Many commercial leases also offer the lessor the opportunity to increase some or all of the tenancy that is due on the rest of the tenancy agreement in the event of a tenant`s default, making this amount currently due.