I Can’t Hear Myself Think! (Part 2)

February 13, 2020


My Landlord is Undergoing Renovation/Construction: What are Potential Tenant Rights and Remedies?

Renovation and construction, while often absolutely necessary, can cause several issues for both landlord and tenant. A landlord may have obligations under a lease to renovate or maintain premises, a building or a shopping centre. In addition, a landlord may wish to renovate, remodel or expand a building or a shopping centre for the betterment of tenants and patrons alike. On the other hand, a tenant may have objections to the noise and disturbance created by such renovation or construction and the potential impact same may have on their business, occupancy and enjoyment.

Navigating these issues before they arise through careful drafting and planning is certainly the ideal manner in which to deal with renovation and construction issues. Unfortunately, often times, even with careful drafting and planning, a tenant may find themselves wondering how to best proceed when faced with a landlord’s renovations and/or construction impacting their tenancy.

This paper, through the lens of relevant case law, will explore a tenant’s rights with respect to renovation and construction issues and the potential remedies available. Finally, sample wording will be provided at the end of this paper to help protect a tenant’s interests when entering into a lease.

To read the full article presented at the LSO 2020 Six Minute Lawyer Program:

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Commercial Real Estate