Commercial FAQ
IF I’M READY TO LEASE, WHAT’S NEXT?
Sunreal’s Associate broker will help you negotiate and renew your lease agreement so its terms are fair.
WHAT IS COMMON AREA REPAIR (CAR)?
You should be allocated a percentage of the CAR you are responsible for based on the percentage of the building you are renting in your lease.
IF A LEASE HAS EXPIRED AND THE TENANCY IS CONTINUING ON A MONTH TO MONTH BASIS, DO THE RIGHTS AND OBLIGATIONS IN THE OLD LEASE STILL APPLY?
No, the rights and obligations set out in a lease do not renew on a monthly basis when the lease expires.
IF A LANDLORD IS NOT FULFILLING THE OBLIGATIONS SET OUT IN A LEASE SUCH AS MAINTENANCE OR PROVIDING UTILITIES, WHAT OPTIONS DOES A TENANT HAVE?
A tenant has two options in this situation: to take the landlord to Small Claims Court to recover costs, or to go to Superior Court of Justice and get a court order requiring the landlord to fulfil the conditions of the lease. In court, the tenant could also ask for compensation for losses incurred as a result of the landlord’s actions, such as lost business. Tenants should speak to a lawyer to evaluate their options.
WHAT ARE THE OPTIONS IF A TENANT WANTS TO GET OUT OF A LEASE AGREEMENT?
According to contract law, a tenant is obligated to pay for the full term of a lease agreement, unless the lease has a clause allowing the tenant to end the tenancy early. However, tenants are allowed to sub-let or assign a lease to someone else, unless the lease prohibits it. As well, a landlord could choose to work out an agreement with the tenant, such as requiring rent payments until the unit is re-rented.