Termination of a commercial lease by forfeiture

You would expect that the forfeiture of a commercial lease would be a straightforward process.

You would think that if a commercial tenant/lessee is in breach of a condition of the lease, for example not paying the rent, then forfeiture would be a fast, straightforward process.

Not so.

Forfeiting a commercial lease is difficult and slow and will be at the discretion of a court. It is an equitable remedy that will only be granted after the lessee has been given every opportunity to remedy the alleged breach.

It can certainly be a frustrating process for a landlord. And it is quite a shock when they discover to what extent possession of a premises puts one party in an extremely strong position vis a vis the other.

Learn more about the termination of commercial leases on this page.