Legal information capsules| Commercial Lease |
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The parties entered into a lease for the period 1 December 2006 to November 30, 2018. As of March, the tenant stopped paying rent. On July 24, the landlord notified the tenant that under the termination clause in the lease alternative, he asked him to vacate the premises within five days and leave the property in the leased premises. The tenant claims damages and the landlord is claiming compensation of relocation sites, the legal fees and compensation for the trouble and inconvenience.
The Superior Court ruled that the termination ipso facto, without legal process, which was provided in clause 39.2 of the lease was allowed in the event of breach. The landlord terminated the lease by operation of law. The tenant's request is rejected. As the landlord, he is entitled to relocation allowance of six months and legal fees. However, the landlord is not entitled to any sum as damages for the trouble and inconvenience because there is no evidence that this incident had caused undue inconvenience. J.E. 2011-1905 |