Landlord-Tenant Law

Tenants usually want to remain in the rented property until they decide to move. The law protects tenants so that they can remain in the property unless there are compelling reasons for the landlord to terminate the lease. The statutory protection to help the tenant remain in possession of the property is structured differently between residential and commercial leases. Residential tenants have a right to renewal. The terms and conditions for renewal are subject to change, in other words, the rental amount can be increased, but the tenant will usually be able to remain in the leased property. Commercial tenants, on the other hand, are protected in a different manner. Commercial tenants do not have a statutory right to renew the lease. However, the landlord will be required to pay compensation to the commercial tenant if the landlord terminates the lease, unless the landlord can apply one or more statutory exceptions to the obligation to pay compensation. Rules regarding termination or changing the terms and conditions upon renewal are complex. Competent and timely legal advice can save the parties money, time and energy.