Helpful Commercial Leasing,
Arbitration and Mediation Tips 
  
By: Harvey M. Haber, Q.C., J.D., C. Arb, C.MED
Senior Partner, Goldman Sloan Nash & Haber LLP 
 
 
  
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Good day,

Thank you for your interest in my commercial leasing and arbitration and mediation tips bi-monthly e-newsletter. I hope that you will find these tips helpful.

Please let me know if I can be of assistance to you or a friend of yours for any commercial leasing and arbitration and mediation needs. 
 
Kind regards, Harvey Haber, Q.C.    
February 2015 Tips

 

Duty to Repair 

 

At common law, a landlord has no implied legal duty to repair commercial premises, despite the fact that the landlord is aware of a proposed usage that will require modifications to the existing premises.


Mutual Covenant to Repair


It is not unusual for parties to a lease to agree to a covenant whereby the landlord is obligated to make certain repairs (usually structural) to the premises either in the ordinary course or to put the premises into an appropriate state to permit the tenant to enter into occupation. If so, the landlord is bound to honour the terms of the agreement.
 

Damages


A tenant's main remedy for breach of the covenant to repair is damages.
harvey_haber 
Harvey M. Haber, Q.C.
  
Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600 
Toronto, Ontario, M5G 1V2, Canada
Direct Line: (416) 597-3392
  
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If you are interested in my books, please access the Canada Law Book brochures with order forms here.

 

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