Strategic Advocacy for Property Disputes – Real Estate, Land-Based and High Value Personal Property Litigation Lawyers
Toronto Shopping Mall Lease Dispute Lawyers
Retail Lease Litigation Lawyers
Shopping malls and similar retail spaces pose unique challenges for landlords and tenants that can often lead to disputes. From signage rights to pre-lease representations by landlords of mall traffic to enforcing restrictions on competing businesses, there are a variety of potential disputes that can arise in a shopping mall or other retail setting.
Those Affected by Shopping Centre Lease Disputes
Shopping mall leases often involve parties other than the landlord and head tenant. We can act for landlords, tenants, assignors, assignees, sub-lessors, sub-lessees, personal guarantors and others having an interest affected by or related to a shopping mall lease, such as business partners, franchisors, and joint venture parties.
Examples of Shopping Mall Lease Issues
Shopping mall lease disputes may include any of the following matters:
- Interpretation of Commercial Leases
- Lease (or License) for Use of Space for Advertising or Signage
- Rent Arrears and Defaults
- Non-Rent Payment Obligations
- Permitted and Prohibited Use of Premises
- Subleasing and subtenants
- Tenant Improvements
- Termination and Cancellation Disputes
- Lease Renewal Disputes
- Enforcement, Eviction, Re-entry, and Relief from Forfeiture
- Injunctions, Stays and Other Equitable Relief
Rent Abatement Issues
Where a lease includes terms for rent abatement, disputes may still arise over whether the conditions for abatement have arisen, such as:
- Changes to parking and common areas
- Repairs and maintenance that restict visibility or access to the leased premises
- Failure to repair or maintain the leased premises or common areas
- Breaches of rights to quiet enjoyment
- Loss of anchor tenants and co-tenancy requirements
Additional Rent | Rent Calculation Disputes | Online Sales Disputes
It is not uncommon for a tenant’s rent to be calculated in part on the revenue generated by the tenant. However, as more business is done online, outside of traditional brick-and-mortar locations, landlords may seek to include online sales as part of a tenant’s revenue for rent calculation purposes.
Whether such inclusions for rent calculation are enforceable requires a thorough consideration of the terms of the lease, the expectation of the parties, and any surrounding circumstances which may impact the interpretation of the lease.
Injunctions and Mandatory Order | Preservation of Rights Pending Trial
Many retail leases require no notice or very short notice periods in the event of a breach, and entitle the landlord to evict and re-enter the premises.
Such actions can have a dramatic and irreparable impact on a business, such that urgent court assistance may be required to seek to prevent the landlord from enforcing such terms of the lease. In these cases, it is critical to seek prompt and effective legal assistance.
Similarly, shopping mall landlords may need to seek urgent court assistance where a tenant’s action or inaction has caused and will continue to cause harm to the shopping mall’s visitors or other tenants. In such cases, seeking inunctive relief may be necessary to avoid further harm to the shopping mall at large.
Gilbertson Davis LLP
We provide cost-efficient and timely advice and representation to clients. Lawyers within our team have experience in the courts of Ontario with the kinds of motions and hearings regularly faced in shopping mall lease litigation, including motions for injunctions, stay of proceedings and proceedings for relief from forfeiture.
Gilbertson Davis LLP can serve your needs with lawyers who are experienced negotiators and can also seek to resolve your dispute without resort to litigation, through mediation and alternative dispute resolution.
We are a firm which has more than 30 years of practice in Toronto. We are ethical, professional and practical.
If you have issues concerning shopping mall or other retail leases, please contact Gilbertson Davis LLP to arrange for an initial consultation.