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ARTICLE · 20 APRIL 2020

COVID-19: Response Options Under A Commercial Lease

It is definitely not "business as usual" for many commercial landlords and tenants given the challenges faced by ongoing costs, business closures, and the changing economic

CanadaCoronavirus (COVID-19)

It is definitely not "business as usual" for many commercial landlords and tenants given the challenges faced by ongoing costs, business closures, and the changing economic landscape.  While parties to a commercial lease could adopt a strictly legal posture to their contractual relationship, early evidence suggests that the prudent course of action is to work together by taking a longer view of the leasehold arrangement.   Landlords prefer to see their premises rented and tenants, who may currently be closed, hope to return to their established location when COVID-19's issues have been resolved.

Current Challenges:

1. Access To Premises:

As a starting point, tenants are allowed access to their premises as provided for under their lease.  A landlord is required to provide that access unless it is forced to reduce or eliminate same by operation of law.  Some leases may provide a Landlord with the ability to establish reasonable rules relating to the use of the

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