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Ontario|Landlord & TenantCommercial Landlords & Tenants 451 Breaching a lease Under the law, a lease may be considered to have been breached if a landlord or tenant fails to live up to one or more of their obligations.
- Breaching the lease by moving out early
A common way for a tenant to be considered to have breached the lease is to move out before the lease expires. Generally, if a commercial tenant wants to vacate the premises earlier than the lease allows, they will have to get the written agreement of the landlord or they may be responsible to pay rent for the entire duration of the lease. Under the law, a landlord is required to seek out a new tenant, but if the landlord cannot find a new tenant, or loses any money because the old tenant breached the lease, the landlord may be able to sue the tenant. If a tenant wants to vacate the premises early, they may want to consult a lawyer about the possible consequences and options.
- Ways in which a landlord can breach the lease
Many commercial leases do not require the landlord to do anything other than allow the tenant to use the premises. However, if the landlord has obligations in the lease that are not met, the landlord may be considered to have violated the lease. This includes if the lease requires the landlord to provide utilities or maintenance services. Even if a landlord violates the lease terms in some way, or interferes with the tenant's business operations, the tenant normally does not have the right to stop paying rent. Instead, the tenant may apply to court to have a judge order the landlord to fulfill their obligations or sue for damages suffered.
If a landlord or tenant wants to break a lease or start legal action they should consult a lawyer.
452 Tenants' rights and responsibilities when moving out
Unless the lease states otherwise, a tenant is generally required to leave the rented premises in the same condition as it was when they moved in minus reasonable wear-and-tear. If the tenant installs fixtures or furnishings that need to be removed at the end of the tenancy, the tenant is normally responsible for ensuring any damage due to installation or removal is repaired. If a tenant renovates a unit according to a requirement in the lease or with permission of the landlord, they will usually be able to leave the premises in the renovated condition, as long as there is no unreasonable damage to the property. However, fixtures installed by the tenant do become the property of the landlord.
If the tenant damages the property or leaves the premises in a way that causes the landlord a financial loss, or does not comply with the terms of the lease, the landlord may be able to sue the tenant.
If a tenant is unsure of their obligations when moving out, they should consult a lawyer.
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