What happens if a commercial landlord harasses a tenant?

If the court finds that the commercial landlord did engage in harassment, then it shall impose a civil penalty upon the landlord ranging from $1,000- $10,000 [13]. Additionally, the Court may also make the landlord pay the tenant’s attorneys fees if the tenant is successful in court.

How does tenant insolvency affect a commercial landlord?

When tenant insolvencies arise, commercial landlords are often faced with precarious situations. If a bankruptcy order is granted by the court, this order will stay all proceedings and actions against the tenant. This precludes the landlord from exercising its rights of distress and terminating the commercial lease.

Can a tenant file bankruptcy under a commercial lease?

Tenant bankruptcy under a commercial lease is governed by federal and provincial legislation that impose strict limitations in relation to recovering rental arrears, accelerated rent and rent for the unexpired portion of the commercial lease.

Can a landlord enforce a lease against a tenant?

With most of the country currently subject to Level 4 restrictions, there remain some significant obstacles for landlords in trying to enforce lease obligations against tenants.

What do commercial tenants have against their landlord?

1 I. General Procedures a Landlord Must Follow Before Resorting Before Filing An Eviction Proceeding. 2 II. If a Notice to Cure is Served Upon the Tenant- the Tenant Should File a Yellowstone Injunction to Toll the Time to Cure. 3 III.

Is it possible to evict a tenant from a commercial property?

Going through an eviction can be very unpleasant, and it is usually very difficult to evict a tenant from a commercial property. In addition to being time-consuming and costly, commercial lease evictions can also be dangerous in certain circumstances.

How to prove harassment by a commercial landlord?

In order to show harassment by a commercial landlord, the tenant must prove: (1) the commercial landlord, or its agent, is doing something that is intended to make the tenant vacate the commercial property or surrender their rights under the lease; and (2) the landlord has engaged in one of the following wrongful acts:

Can a commercial landlord be a good guy?

Documenting those attempts to resolve disputes makes the case that much stronger for anyone in litigation — especially a commercial tenant. If good faith attempts to resolve matters go ignored or are rejected, the tenant can look like the good guy in court.

Why is it important to know about commercial tenants?

In commercial real estate prospecting, commercial tenant information can be a lucrative part of the strategy. Whether you’re making leasing decisions or trying to fill vacant properties, commercial tenant intel can open the door to a plethora of new opportunities.

Is it difficult to sell commercial property with tenants?

Selling a commercial property with tenants can also be a bit more difficult because you’re going to have to find a buyer who is willing to take on those tenants, thus bringing more weight to your sales pitch.

What are the different types of commercial tenants?

Commercial tenants can also be measured by their level of obligation to a property’s operating costs. That could include single, double, or triple net lease tenants, for example, modified gross lease tenants, percentage lease tenants, and so on.

When does a landlord have to have cause to terminate a lease?

Generally if the landlord seeks to terminate the tenancy early, or in other words have the tenant move out before the term of the lease expires, the landlord will need to have cause [5]. Cause could be established for a variety of reasons such as not paying rent or violating the lease or rental agreement.

How long does a landlord have to give notice of tenancy?

For month to month tenancies, the landlord must provide the tenant with the following notice: a tenancy for a year, 30 days notice; a tenancy for one to two years, 60 days notice; and a tenancy for more than 2 years, 90 days notice [7].

Can a landlord end a tenancy without cause?

The landlord cannot end a tenancy early without cause. The landlord will still need to give the tenant notice, which depends on the period of the tenancy.