The topic of “rights and remedies in the event of defaults” in the context of a commercial lease, is exceedingly broad and can cover a wide array of issues from both the perspective of the landlord and the tenant. The usual landlord-tenant relationship results in the negotiation of a document, a lease, which contains many obligations and responsibilities on the part of the tenant, and fewer obligations and responsibilities on the part of the landlord.

At the same time, the lease is likely to contain detailed provisions setting out the circumstances in which a tenant will be considered to be in default of its obligations, together with an outline of the rights available to the landlord in such circumstances. The lease likely does not contain many obligations or responsibilities on the part of the landlord, or set out the remedies available to the tenant if the landlord does not perform its obligations.

This article was published in Shopping Centre Leases, 2nd ed. (Aurora: Canada Law Book, 2008) by Harvey M. Haber, ed.

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