Property Management

Property problems: Tenant may have to keep shop open longer

Q. I am the owner of a small block of shops that are tenanted. One of the tenants has begun opening late and shutting early, and sometimes not opening at all. I am not happy about this. Am I able to do anything about it?

Sunday, September 21st 2003

A. First, check the lease. Commercial leases will often include an agreement by the tenant to keep premises open for business during specified hours.

If the tenant is in breach, you should consider serving written notice requiring the tenant to remedy it within a reasonable period.

What constitutes a reasonable period will depend on the facts of each case and its particular circumstances.

If the tenant fails to remedy the breach within a reasonable time, you may be entitled to terminate the lease and take back possession of the premises.

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