Why Offset Causes Upset
September 6, 2005
What You Need to Know
Landlords' Powerful Hammers
In the common law provinces, if a tenant fails to pay rent when due under its lease, the landlord has multiple remedies, including termination and distraint. These remedies serve as powerful "hammers", since most commercial tenants would prefer to avoid the business disruption resulting from their use. Their self-help nature makes them cost-efficient; no Court order is generally required. While a landlord could seek a Court remedy by suing for the amount owed, most prefer to avoid the expense in a strong economy where demand is constant. Much better to wield the hammer.
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