Commercial Lease Dispute
Lawyers in Vancouver

Our commercial tenancy lawyers provide strategic advice on lease disputes, help landlords and tenants understand their rights during negotiations, and conduct BC Supreme Court proceedings and arbitrations when disputes cannot be resolved outside of litigation.

Representing Parties in Commercial Lease Disputes

We act for owners, landlords, and tenants in matters involving commercial lease disputes including:

  • Unpaid rent and rent arrears recovery
  • Lease violations and breach of lease terms
  • Early termination disputes
  • Lease renewal disagreements
  • Property damage claims
  • Commercial eviction proceedings
  • Distraint for unpaid rent
  • Disputes involving lease assignment and subletting

Whether landlord or tenant, it is important to obtain early legal advice before taking steps to enforce a commercial lease. Early missteps in the process can affect your ability to achieve the outcome you need. Our commercial landlord lawyers guide clients through the process efficiently and cost-effectively.

Lease Review and Dispute Assessment

Many commercial lease disputes have their roots in lease terms that were not clearly understood at the outset. A lease review before the agreement is entered into can identify potential issues before they become disputes and help clients understand the practical implications of lease obligations for their property and business operations.

When a dispute has already arisen, a review of the lease agreement is the first step in assessing your legal position, the strength of your claim, and the most practical path to resolution.

A commercial lease is a significant financial and legal commitment, and the consequences of a dispute handled poorly can be costly for your business and your property.

Types of Commercial Lease Disputes We Handle

We assist property owners, landlords, and tenants with a wide range of  commercial lease disputes, including:

  • Retail lease disputes
  • Office and industrial lease disputes
  • Non-payment and unpaid rent claims
  • Lease termination and early exit disputes
  • Renewal and option disputes
  • Property damage and reinstatement claims
  • Commercial eviction proceedings
  • Disputes arising from assignment or subletting of commercial premises

Resolving Commercial Tenancy Disputes

Not every commercial lease dispute needs to proceed to litigation. Many matters are resolved efficiently through negotiation or structured settlement discussions. Where a more formal process is required, arbitration can provide a private and tailored forum for resolving complex tenancy disputes.

Where formal proceedings are necessary, our commercial lease litigation lawyers represent landlords before BC courts. We are straightforward with clients about the likely outcomes, the costs involved, and the most practical approach for their specific situation.

Frequently Asked Questions

Yes. McKechnie & Company represents both landlords and tenants in commercial lease disputes.

No. McKechnie & Company does not represent clients in residential tenancy disputes.

A landlord should always consult the terms of the lease before taking any steps against a tenant. Leases will often require landlords to issue a notice of default to a tenant who has stopped paying rent, and then wait a prescribed length of time to allow the tenant an opportunity to correct the default before taking any further steps. Seek legal advice before changing locks, interfering with the tenant’s property, or evicting the tenant. Acting beyond a landlord’s lawful remedies can expose the landlord to significant liability. We advise landlords on their options and the most effective way to recover unpaid rent.

When tenants find themselves in a dispute with their landlord they are often tempted to withhold rent. It is almost never a good idea to withhold rent. Most commercial leases require tenants to pay rent even if they are in a dispute with the landlord. A tenant’s failure to pay rent is often a breach of the lease that gives the landlord access to a range of remedies against a tenant, including a right to terminate the lease and re-take possession of the premises. Our lawyers advise tenants on strategies to take when faced with a landlord who is not following the lease. 

Yes, in many cases. Negotiation and structured settlement discussions resolve many commercial tenancy disputes before formal proceedings are necessary. Arbitration is also available as a private alternative to litigation. Where court proceedings are required, our commercial lease litigation lawyers represent landlords in BC courts.

Rent distress is a remedy available to commercial landlords that allows a landlord to seize a tenant’s goods to satisfy unpaid rent. There are many technical rules around when and how a rent distress may lawfully occur. For example, a distress may not be levied if the landlord has already terminated the lease for default by the tenant. We advise landlords and tenants on the remedy of rent distress.

Terminating a lease requires compliance with the terms of the lease and requires landlords to follow specific procedures. There may be instances where a landlord believes it is entitled to terminate the lease but, in fact, the lease is unclear on whether such a step is permitted in the circumstances. A landlord who terminates a lease when it is not entitled to do so can result in exposure to a significant claim for damages arising from the wrongful termination. A landlord who is in a position to lawfully terminate a lease needs to do so properly in order to preserve its right to claim against the tenant for unpaid rent or damages.

Yes. We represent owners of retail properties in lease disputes involving unpaid rent, lease violations, early termination, and other tenancy matters. Retail leases often involve complex terms around permitted use, exclusivity, and turnover rent that require careful legal analysis when a dispute arises.

Contact Our Commercial Lease Lawyers

If you are a commercial property owner, landlord, or tenant facing a commercial lease issue contact McKechnie & Company for assistance. We represent clients in Vancouver and throughout British Columbia.

Call us at 604-669-7705 or fill out our contact form to arrange a free 30-minute consultation.

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