Landlord Renovations and Redevelopments: When, if ever, do they give rise to a breach of the Landlord's covenant for Quiet Enjoyment?

Written by Deborah Watkins and Brian Parker
(The Six-Minute Commercial Leasing Lawyer 2016)

When a landlord renovates or repairs its property it must be cautious not to infringe upon the rights of existing tenants. A tenant has a fundamental right to exclusive use and possession of its leased premises and a landlord has a corresponding fundamental obligation not to interfere with that right. If the landlord’s construction activities interfere with the tenant’s use or possession of the leased premises, the landlord may be in breach of the lease.

This paper will explain the ways in which a landlord’s renovation or repair may expose it to liability to its tenants. It aims to clarify the blurry line between a landlord’s right to renovate or repair its property, and a tenant’s right to be free from interference by its landlord. It will also touch on the remedies available to tenants when their landlord has interfered with their use and possession of the leased premises.

Read the full article Landlords Covenant for Quiet Enjoyment