Just because there is a default, it does not mean that termination is the only remedy.If no days are noted, a prudent landlord may wish to provide at least a few days notice to cure unless the goal of the landlord is an immediate termination of the lease in order to gain control of the premises. The lease will have to be reviewed, but it could be a 5 day cure period, 7 days, or more. If there is a default, the tenant usually has to be given notice to cure the default.Some basic and general overriding principles landlords ought to know when dealing with a commercial lease default include:

What is a commercial landlord able to do in the face of a default by a tenant? Similarly, how can a landlord respond to a request for rent relief? Below we outline some general principles which a landlord ought to have in mind when faced with a defaulting tenant or a tenant who seeks rent relief. In addition, we have also recently become aware of tenants who have approached landlords, prior to a default, and have asked for rent relief due to the dramatic decrease in business over the last week or so.

These circumstances are, of course, impacting landlords as well. We have recently seen a number of tenant defaults (or potential defaults depending on the wording of the relevant lease) which include failing to pay rent and closing down operations for a period of time.

The ongoing global pandemic is currently having an enormous impact on commercial retailers, restaurants, and other commercial tenancies in, among other places, British Columbia and Alberta.

Commercial notice of default template