No Cause For Termination: Considerations For Terminating A Commercial Lease Without Cause

In British Columbia, the terms of a commercial lease are determinative in most circumstances; except where the Commercial Tenancy Act (British Columbia) or other legislation applies, the form and content of a commercial lease are largely determined by the parties to the lease – and vary widely.

These days, it is not uncommon for a commercial lease to provide for an initial term of five to 10 years, often with rights of extension or renewal as well as significant obligations on the tenant regarding payment of basic rent and additional rent and indemnities in favour of the landlord.

Over time, circumstances may change such that the commercial realities differ from those present at the time the parties entered into the lease.