Many commercial leases have troubles due to the number of different people and businesses involved. In fact, over time, these leases can become so convoluted that it’s challenging to keep track of who is responsible for what.
It doesn’t have to be this way, though. We can help you untangle the mess and get your commercial lease back on track. Commercial leases can be tricky; they have a lot of potential for problems, so how can you avoid them?
By reading this blog post! Here, we’ll discuss the different ways that we can help you when it comes to commercial leases. Whether you’re a tenant or a landlord, we’ve covered you.
So, what are you waiting for? Read on to dive deep into the issues of commercial leases
What Is a Commercial Lease & Why It Matters a Lot?
A commercial lease in Ontario is a contract between a landlord and tenant to use a commercial property. Ontario’s Commercial Tenancies Act (CTA) outlines the relationship, rights and obligations between commercial landlords and tenants. However, a signed lease agreement between commercial landlord and tenant may take precedence over the Act.
This could be anything from an office space to a retail store. The lease terms are typically much longer than a residential lease and can be complex.
That’s why it’s essential to have an experienced Lawyer on your side when negotiating a commercial lease.
Why? Because there are a lot of potential problems that can arise. For example, what if the property isn’t up to Code? What if the landlord tries to raise the rent in the middle of the lease?
What if you want to get out of the lease early? These are all potential issues that can be addressed in a commercial lease. But it would be best if you had an experienced Lawyer to help you navigate these waters.
The Biggest Issues with Commercial Leases
A few issues tend to come up again and again when it comes to commercial leases. Here are some of the most common:
- The property isn’t up to Code
- The landlord tries to raise the rent in the middle of the lease
- Do you want to get out of the lease early
- The landlord won’t make repairs
- The property is sold, and the new owner wants you out
- The lease is being used as collateral for a loan and is foreclosed upon
- You’re being evicted for not paying rent, even though you have paid rent
- You’re being evicted for violating the terms of the lease even though you haven’t
These are just some potential issues that can arise with a commercial lease. As you can see, it’s essential to have an experienced Lawyer on your side to help you navigate these waters.
These are just some examples; the list is not meant to be exhaustive by any means.
How to Deal with Each of These Issues?
Now that we’ve gone over some of the most common issues that can arise with a commercial lease in Ontario let’s look at how to deal with each one.
- The Property Isn’t up to Code
If the property isn’t up to Code, you may be able to get out of the lease or get a reduction in rent. You’ll need to consult an experienced Lawyer to see your options.
- The Landlord Tries to Raise the Rent in the Middle of the Lease
If the landlord tries to raise the rent in the middle of the lease, you may be able to negotiate a lower rate or get out of the lease entirely. The Ontario Commercial Act, unlike the residential tenancies act, does not regulate rent increases. Again, you’ll need to consult an experienced Lawyer to see your options. The experienced commercial lawyers, based on their client’s needs, will add the terms in the lease agreements that specify the amount of rent charged and frequency of rent increases.
- You Want to Get Out of the Lease Early
If you want to get out of the lease early, you’ll need to consult an experienced Lawyer to see your options. There may be a way to do it, but it will likely not be easy. Your Lawyer will read the terms of the lease agreements and advise you accordingly.
- The Landlord Won’t Make Repairs
If the landlord doesn’t make repairs, you may be able to withhold rent or get out of the lease entirely. Again, you’ll need to consult an experienced Lawyer to see your options. Your Lawyer will advise you if your rights under the lease terms are not being violated.
- The Property Is Sold, and the New Owner Wants You Out
If the property is sold and the new owner wants you out, you may be able to stay in the property if you have a lease. Your Lawyer will stipulate the terms in the lease agreement to handle the situation.
- The Lease Is Being Used as Collateral for a Loan and Is Foreclosed Upon
If the lease is being used as collateral for a loan and is foreclosed upon, you may be able to stay in the property if you have a lease.
- You’re Being Evicted for Not Paying Rent, Even Though You Have Paid Rent
If you’re being evicted for not paying rent, even though you have paid rent, you may be able to stay in the property if you have a lease.
- You’re Being Evicted for Violating the Lease Terms, Even Though You Haven’t
If you’re being evicted for violating the lease terms, even though you haven’t, you may be able to stay in the property if you have a lease.
As you can see, there are a lot of potential issues that can arise with a commercial lease. That’s why it’s so important to have an experienced Lawyer on your side. Your Lawyer will also advise you on the commercial property insurance requirements, rules about how to renew or end the lease, and the type and length of the lease.
How A Lawyer Can Help You with Your Commercial Leases in Ontario
If you’re having issues with your commercial lease in Ontario, a Lawyer can help you in several ways.
First, a Lawyer can help you understand your rights, responsibilities, and options under the lease. There may be provisions in the lease that you’re unaware of that could help you resolve the issue.
Second, a Lawyer can help you negotiate with the landlord. If something in the lease is unfair to you, an experienced Lawyer will know how to negotiate with the landlord to try to get it changed.
Third, a Lawyer can represent you in court if necessary. If the issue goes to court, an experienced Lawyer will know how to present your case in the best light and give you the best chance of success.
Every Commercial lease is different; therefore, don’t try to deal with commercial lease issues on your own. Get an experienced Lawyer on your side to help you resolve the issue.
Is It Expensive to Hire a Lawyer?
Many people think that hiring a Lawyer is expensive. However, this is not always the case. In many situations, we can work on a flat fee basis, so you’ll know exactly how much it will cost upfront.
And in many cases, the cost of hiring a Lawyer will be less than the cost of not hiring one.
If you try to deal with the issue on your own and it ends up going to court, the costs can be much higher than if you had hired a Lawyer from the start.
How to Properly Choose a Lawyer to Help You?
If you’re looking for a Lawyer to help you with your commercial lease issue in Ontario, you should keep a few things in mind.
First, make sure the Lawyer is experienced in commercial leasing law. This is a very crucial area of law, so you want to ensure the Lawyer you’re hiring knows what they’re doing.
Second, make sure the Lawyer has a good track record. You can ask if anyone you know has used the Lawyer before and whether they were happy with the results.
Third, make sure you feel comfortable with the Lawyer. This is important because you’ll be working closely with the Lawyer, and you need to be able to trust them.
Commercial Leases With Ease
The commercial lease process can be complex, but there are ways to make it easier. By understanding the different types of commercial leases and their terms, you can avoid significant problems.
Our experienced team can help you navigate the process and find the best option for your needs. You can speak with our team about negotiating and drawing up a lease that meets your needs.
Contact us today to learn more about how we can help you in Ontario.
Please be advised that the material on this website is only for education and information purposes.
Minhas Lawyers LLP is a multi-practice law firm based in Mississauga. We advise and represent clients across various segments and practice areas.
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