Landlord's Rights and Remedies in a Commercial Lease: A Practical Guide, Second Edition
Product Details
500 pages
1 volume bound
Canada Law Book

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Landlord's Rights and Remedies in a Commercial Lease: A Practical Guide, Second Edition
By: Harvey Haber, Q.C., J.D., LSM, DSA, IMI C. Med., C. Arb., B.A., Kenneth A. Beallor, LL.B
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“…this is a well written and useful volume. It contains a wealth of information for anyone engaged in commercial leasing and would be a valuable addition to any law library.”

From the book review of Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide, by David H. Michels, Sir James Dunn Law Library, Dalhousie University (2018 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 43, No. 4)

The risks for commercial landlords are often unpredictable. Without adequate preparation and protection, these situations can quickly grow into financial nightmares. That means knowing:

  • Exactly what to do before entering into a lease
  • What specific security or other protection you should obtain when entering into a lease
  • Key factors and warning signs you must be vigilant about during the term of the lease
  • How to immediately employ the remedies you have available when a tenant defaults

New contributors, new articles, new updates

The commercial lease landscape has evolved considerably since the first edition of Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide. New contributors have joined the author team to bring fresh perspective to this new edition. Discover new articles on such topics as:

  • A bailiff’s perspective on distress and termination
  • How to draft effective indemnity and limitation of liability clauses
  • How to deal with defaulting tenants who have extension or renewal rights
  • The duty of good faith and the commercial lease
  • The real property limitations period
  • The inner workings of arbitration and mediation
  • New environmental considerations you can’t ignore
  • Force majeure
  • Landlord’s rights and remedies in Québec

The contributors have thoroughly updated all topics in the original edition to reflect the current state of the law, including

  • Remedies for rent arrears
  • Remedies for breach of contract
  • Use of the premises
  • Mandatory operating clauses
  • Guarantee and indemnity agreements
  • Landlord’s covenants for quiet enjoyment
  • Insurance

You’ll also find an update and survey of recent case law, updated precedent forms, and new sample lease provisions, including: notices of rent default, distress and termination; sample security agreement, indemnity agreement, option to renew, and extension of term provisions.

Follow a practical decision tree to choose the most effective approach

Simply turn to the chapter that addresses your immediate concern. The options at your disposal, and how to implement them, are explained step by step.


About the Author

Harvey M. Haber, Q.C., J.D., LSM, DSA., IMI CERTIFIED MEDIATOR, C. MED., C. ARB., B.A., is a former senior partner with the Toronto law firm, Goldman Sloan Nash&Haber LLP. He also acts as a mediator or arbitrator with COE ADR Management.

Harvey is the author of The Commercial Lease: A Practical Guide (1st, 2nd, 3rd, 4th and 5th edition (2013)), Understanding the Commercial Agreement to Lease, 2nd edition (2006), and Landlord’s Rights and Remedies in a Commercial Lease: A Practical Guide (1st edition) and, with Kenneth Beallor, the 2nd edition (2017); editor of Tenant’s Rights and Remedies in a Commercial Lease: A Practical Guide (1st and 2nd edition (2014)); Shopping Centre Leases (1st and 2nd edition (2008)); editor of Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide (2002); and Distress: A Commercial Landlord’s Remedy (2001); and editor-in-chief of Repair and Storage Liens Act: A Practical Guide (2012) and Shopping Centre Leases (volume 1, 2nd edition and volume 2). He has also written numerous articles in both Canadian and American publications.

Harvey is an International Mediation Institute Certified Mediator, a Chartered Mediator and Chartered Arbitrator of the ADR Institute of Canada, a Roster Mediator of the Ontario Mandatory Mediation Program - Toronto, and a member of the Alternate Dispute Resolution Section of the Ontario Bar Association. He has been a guest lecturer for the Law Society of Ontario, the Canadian and Ontario Bar Associations and the International Council of Shopping Centres. Harvey is a graduate of the University of Toronto and Osgoode Hall Law School. He was appointed a Queen’s Counsel by the Province of Ontario in 1978 and was the Chairman Emeritus of the Sir John A. Macdonald Foundation Inc.

Kenneth A. Beallor is a partner in the Commercial Real Estate Group at Torkin Manes LLP, a full service, mid-sized law firm located in downtown Toronto. Ken specializes in commercial leasing and the sale, acquisition and financing of commercial property. He acts for leading developers, retailers, landlords and tenants in retail, office and industrial properties, including leasing of build-to-suit office and industrial properties, shopping centre leasing and acting on sale and lease-back transactions. Ken has been past chair of the ICSC Canadian Law Conference and has lectured and written frequently on the topic of commercial leasing.

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