The importance of a commercial lease can never be underestimated. It sets the basis for the relationship between a landlord and tenant that might span decades. The Commercial Leasing Group advises and assists in the negotiation of offers to lease, letters of intent, template leases, and specific purpose leases to help set a solid foundation for the future relationship. Should disputes arise, the firm’s lawyers can advise on remedies and courses of action, and represent clients in court or at lease arbitrations.
The firm provides services to property managers, landlords, and tenants. Clients range from sophisticated landlords and tenants with multiple locations (provincially and nationally) to single-property landlords and local tenants. The firm also acts for parties moving to British Columbia to establish a presence, owner-operated businesses in their first foray into the leasing world, and franchisors in assisting franchisees in lease negotiations. Clients regularly seek the firm’s advice on shopping centres, industrial warehousing, office buildings, commercial strata properties, bare land (particularly for leasehold strata development purposes), and retail mixed use properties. Leasing services to tenants are often provided in conjunction with business services being provided to the tenant, such as a business acquisition.
The Commercial Leasing Group strives to ensure that a fair resolution is reached between the parties to a lease negotiation. RBS’ involvement does not stop upon signing the final lease. During the lease term, the firm continues to provide advice to landlord and tenant clients, with respect to subletting, assignment of lease, the exercise of a right of renewal or extension, lease interpretation and methods for agreeing on rent on a renewal or extension. A leasing relationship is not a stagnant relationship; from time to time, differences of opinion or disputes arise that cannot be resolved between the parties. In such an event, the Commercial Leasing Group can assist in negotiating disputes or, failing the ability to negotiate a resolution, instituting or defending a legal action. If the issue revolves around the rent payable for a renewal or extension, the firm can advise on an arbitration. Clients have sought the firm’s advice on lease defaults, lease terminations and evictions, human rights complaints, suits for rent arrears, actions for possession of premises, lease arbitrations, and actions for relief from forfeiture.
The approach at RBS is always practical. The firm takes a no nonsense approach to all aspects of the leasing relationship.
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