Landlord

How BC law treats it

A commercial landlord in BC has no statutory duty to keep premises habitable and no statutory rent control. Its obligations come from the lease and from implied common law covenants: quiet enjoyment, meaning the tenant's possession will not be substantially interfered with, and non-derogation from grant, meaning the landlord must not frustrate the purpose for which the premises were leased. Repairs, operating costs, insurance and use restrictions are allocated by the lease. When a tenant defaults, a commercial landlord may have several remedies, depending on the lease: sue for rent, terminate by re-entry for breach of a covenant (after any notice the lease requires), or distrain for unpaid rent by seizing the tenant's goods on the premises under the Rent Distress Act and the common law. A landlord generally cannot both terminate and distrain for the same arrears. The Commercial Tenancy Act deals with overholding tenants and related procedure. The court may grant relief against forfeiture to a tenant who remedies the breach (Law and Equity Act s. 24). Residential landlords are a different regime. Duties such as habitability, notice before entry and specific eviction procedures come from the Residential Tenancy Act, which does not apply to commercial premises; residential disputes go to the Residential Tenancy Branch. A long-term lease can be registered against title under the Land Title Act to protect the tenant's interest against later buyers and lenders.

What it means for your business

Commercial landlords and tenants in BC negotiate almost every right and duty in the lease. A landlord who acts outside the lease, for example by changing the locks without proper grounds, risks liability for wrongful termination. A tenant cannot rely on residential protections. Knowing that the lease governs, and that remedies like distress and re-entry are strictly applied, shapes negotiations, enforcement and the value of the property. Example: A Vancouver retail landlord's tenant falls three months behind on rent. Following the lease's default clause and giving the required notice, the landlord re-enters and terminates the lease, then sues the tenant and its personal guarantor for the arrears and future rent losses.

Risks and common mistakes

Assuming the Residential Tenancy Act applies to a commercial lease. Re-entering or changing the locks without first giving the notice the lease requires. Distraining and terminating for the same arrears, which can be inconsistent remedies. Accepting rent after a breach in a way that waives the right to terminate. Failing to register a long-term lease or obtain a non-disturbance agreement from the landlord's lender.