ARTICLE · 04 MARCH 2015

Helpful Commercial Leasing, Arbitration And Mediation Tips - February 2015

Goldman Sloan Nash & Haber LLP

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At common law, a landlord has no implied legal duty to repair commercial premises, despite the fact that the landlord is aware of a proposed usage that will require modifications to the existing premises.

CanadaReal Estate and Construction

Harvey M. Haber, Q.C

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Duty to Repair

At common law, a landlord has no implied legal duty to repair commercial premises, despite the fact that the landlord is aware of a proposed usage that will require modifications to the existing premises.

Mutual Covenant to Repair

It is not unusual for parties to a lease to agree to a covenant whereby the landlord is obligated to make certain repairs (usually structural) to the premises either in the ordinary course or to put the premises into an appropriate state to permit the tenant to enter into occupation. If so, the landlord is bound to honour the terms of the agreement.

Damages

A tenant's main remedy for breach of the covenant to repair is damages.

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