Terminating the Nuisance Commercial Tenant

It is possible to terminate a commercial tenancy on the basis that the tenant creates a nuisance – whether through sound, unsightliness, smells, or general lack of care for the premises – depending on the terms of the lease and the degree of misconduct. The situation is more difficult where the tenant has been punctual on its rent payments. Unilateral termination may in such cases be imprudent due to the uncertainty inherent in the face of disputed evidence. Wrongful termination of a viable business may give rise to a claim for damages by the tenant. The landlord may invoke the Court’s assistance, seeking an order terminating the lease or declaring it validly terminated. These are the practical issues that arise on two of our recent mandates.