Options to renew in a commercial lease typically give the tenant the right, on written notice, to renew the lease for a specific period "on the same terms and conditions" as the lease, except for the renewal rents and the inducements initially provided to the tenant, and except for the exercised option to renew, thereby ensuring that the tenant will not acquire an additional renewal option to renew. Insufficient attention to the terms of the renewal option may lead to unintended consequences.

Elevated interest rates are affecting businesses in every sector of the economy, but perhaps none more so than real estate.

Expansion and contraction rights can be valuable tools in the commercial leasing context, benefitting both landlords and tenants by balancing tenant adaptability with landlord predictability. However, because these rights reallocate risk, costs and control between the parties, they should be carefully negotiated to reflect business realities and clearly drafted to ensure risks are appropriately addressed.

In Restaurant Canada v. Ville de Montreal, the Honourable Marc St-Pierre, S.C.J. dismissed the arguments from major fast food franchisors contesting a new City of Montreal by-law that restricted ...

While it is customary to blame vehicles for contributing to our carbon footprint, buildings and the construction sector account for close to 40% of global CO2 emissions, compared to just 10% for vehicles.

Although non-residential real estate leases provide for a variety of obligations, which are often more onerous for the tenant than the landlord, it is the very essence of the lease that the landlord must provide the tenant with the peaceful enjoyment of the leased premises.

A right of first refusal, or ROFR, is a common clause in contracts. It's also remarkably powerful: by giving one party exclusive access to a transaction before anybody else...

According to the Toronto Star, the City of Toronto will move to review the rules that require landlords to keep a minimum temperature in city apartments.

In the challenges facing landlords in the current economic and market conditions, the municipal tax treatment of vacant space is not to be forgotten as some relief available for the carrying costs of vacant space.

In a relatively recent decision, Pita Royale Inc. (Aroma taste of the Middle East) v Buckingham Properties Inc., 2019 ONCA 439, the Ontario Court of Appeal confirmed yet again...

The Ontario Superior Court of Justice has reaffirmed that when a commercial tenant fundamentally defaults on its lease, the landlord is entitled to treat the lease as ongoing and sue for rent...

On April 24, 2020, The Canadian Federal Government provided some details about the new Canada Emergency Commercial Rent Assistance program (CECRA) for small businesses and commercial landlords.

On March 27, 2020, the Government of Alberta announced new measures to address residential tenancy issues arising during and as a result of the COVID-19 pandemic.

On a recent hot summer-like day, my neighbours' pre-school boy, Charlie (pseudonym), sauntered over the front lawn in his pajamas to peek into my garage.

On October 18, 2024, the Minister of Municipal Affairs and Housing filed O. Reg. 396/24, revoking the City of Toronto's delegated authority to approve its recent official plan...

The second instalment of this miniseries addresses a landlord's options in the event that a tenant breaches a commercial lease. The seminal case on this topic continues...

With the Barrie rental market heating up, landlords and tenants alike must be aware of the new standard form lease that now applies to almost all residential tenancies in Ontario.

On June 17, 2020, the Ontario government passed the Protecting Small Business Act, temporarily halting or reversing evictions of commercial tenants and protecting them from being locked out or having their assets seized during COVID-19.

Deciding what to do with a defaulting commercial tenant can be a trap for the unwary.

Coworking providers deliver this utopian vision and, in addition, offers tenants low overhead costs and scalability, without binding them to long-term liabilities of a typical commercial lease.