What does assignment of a lease mean?

What is an assignment? To assign a lease is to transfer the legal interest to another. Meaning the incoming tenant will step into the shoes of the outgoing tenant and take on the obligations under the lease.

Can a tenant assign a lease to another business?

Most commercial leases, however, will include provisions preventing the tenant from assigning the lease without the landlord’s prior written consent (and, if so, the landlord is under a statutory duty not to unreasonably withhold or delay providing their consent).

How does a landlord terminate a business lease?

The easiest way for a Tenant to terminate the lease is to cease business occupation on or before the end of the original lease term. If the Tenant is not in occupation for business purposes at the end of the term the tenancy will automatically terminate and the Tenant will have no right of further occupation or a right to renew the lease.

Can a landlord give a tenant a lease agreement?

In terms of the Act, a landlord must provide his/her tenant with a written lease agreement on the tenant’s request. The Act does not apply to a lease agreement entered into for business purposes.

Can a lease agreement be entered into for business purposes?

The Act does not apply to a lease agreement entered into for business purposes. The landlord and the tenant are bound by the terms contained in the lease agreement.

Can a landlord take over a lease from a tenant?

The current landlord and tenant may be different from what is shown on the current lease documents. You will need to obtain the necessary documents in order to establish that you are dealing with the current landlord and the current tenant. There may also be an indemnifier or guarantor.

Can a landlord default on an existing lease?

Similarly, any default by the landlord under any existing mortgage or debenture can also put the tenant at risk, unless there is a non-disturbance agreement in place between the tenant and the mortgagee or debenture holder. All of this information is important in order to assess the extent to which the tenant’s leasehold interest may be at risk.

When is a landlord not liable for rent?

At common law, the landlord was not responsible if the premises became unsuitable once the tenant moved in. This rule was often harshly applied, even for unsuitable conditions caused by a sudden act of God, such as a tornado. Even if the premises collapsed, the tenant would be liable to pay the rent for the duration of the lease.

When does a landlord have the right to terminate a lease?

In the more “landlord friendly” leases, it is common to find a landlord’s termination right in the event a tenant requests consent to transfer the lease. This would be an obvious “deal breaker” if the lease is essential to the continued operation of the business.