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Limiting Tenant Rights

May 20, 2006 | Article 

Written by Natalie Vukovich and Jamie Paquin
(Shopping Centre Legal Update)

Tenant rights in commercial leases are often limited by a provision that states the right is personal to the particular tenant and only available if the named tenant satisfies certain conditions. These provisions are usually identifiable, as they most often contain the phrase "so long as the Tenant is". The phrase is then qualified with certain conditions of which the following are the most universal:

So long as the tenant is:

  • The original named tenant in possession of the premises/has not assigned or sublet;
  • In occupation of the whole premises; and 
  • Not in/has never been in, material default under the lease

Read the full article Limiting Tenant Rights