A Primer on the Enforceability of Commercial Leases

  • February 02, 2022
  • Vanessa Carment, associate at Soloway Wright LLP

As the pandemic continues to change everyday life, the commercial leasing landscape has changed along with it. However, some things that have not changed are the key provisions that must be included in a commercial lease for it to be enforceable. Whether negotiating commercial leases via email or preparing offers to lease, lawyers should be mindful of the basic requirements for commercial lease enforceability. The enforceability requirements for commercial leases differ greatly compared to those of a residential lease. Commercial leases have significantly more flexibility compared to residential leases since, as consumer protection legislation, the Residential Tenancies Act, 2006 has strict rules that govern the vast majority of the residential tenancy relationship.

Beyond the most basic requirements under the Statute of Frauds that an enforceable lease must be in writing and signed by the parties, the following provisions must be included in the alleged lease for it to be enforceable.