Commercial leases are not the same as residential tenancies
Business tenants should not assume that residential tenancy rules apply to a store, office, warehouse or other commercial space. B.C. government guidance notes that commercial tenancies are contracts between landlords and tenants, are not subject to the same standardized terms as residential tenancies, and can vary substantially depending on what the parties agreed to. That makes the lease itself the starting point for most disputes.
Read the entire signed lease, including schedules, amendments, renewal documents, guarantees and any rules incorporated by reference. A short summary sheet is useful, but it is not a substitute for the operative wording.
Common sources of commercial lease conflict
Rent, additional rent and operating costs
Disputes may concern base rent, property taxes, common-area charges, utilities, management fees, percentage rent or other amounts defined as additional rent. The key questions are often what the lease permits the landlord to charge, how calculations are made and whether supporting records must be provided.
Repairs, maintenance and building systems
Responsibility for roofs, HVAC systems, plumbing, structural components, storefronts and interior repairs can shift substantially from one lease to another. Before authorizing expensive work, confirm both the contractual responsibility and any notice or approval requirements.
Use clauses, exclusivity and assignment
A lease may restrict how the premises can be used, limit subletting or assignment, or protect one tenant through an exclusivity clause. A sale of the tenant's business can therefore create a lease problem even when buyer and seller agree on the business transaction.
Renewal and termination
Renewal options commonly require strict written notice within a defined window. Missing a date can materially affect bargaining position. Termination rights may also depend on notice, cure periods, default provisions and the nature of the breach.
When a default notice arrives
Do not respond from memory. Compare the notice against the lease and build a chronology of payment, correspondence and alleged breaches. Preserve emails, invoices, photographs and inspection records. If the notice threatens re-entry, distraint, termination or court action, prompt advice is sensible because the consequences of a missed deadline can be significant.
B.C.'s Commercial Tenancy Act addresses certain landlord and tenant remedies, but commercial lease disputes are heavily dependent on contract wording and other law. A lawyer can assess how the statute, common law and lease interact in the specific circumstances.
What to bring to a commercial leasing lawyer
- The signed lease, amendments, schedules and guarantees.
- All default, demand, renewal or termination notices.
- A rent ledger and disputed invoices.
- Correspondence about repairs, access, operating costs or permitted use.
- Photos, inspection reports and contractor records where condition is disputed.
- A clear business objective: remain, renew, assign, negotiate an exit or enforce the lease.
Related Burnaby business-law guides
For broader contract and company issues, see commercial law in Burnaby. If the dispute involves business owners rather than the premises, use our shareholder dispute guide. If you are acquiring a company that occupies leased premises, review buying a business in B.C..