Edmonton Law Office acts for commercial landlords and tenants in lease disputes across Alberta, including rent defaults, terminations, distress, repair and operating-cost battles, and the high-stakes decisions that follow a tenant’s failure or a landlord’s overreach.
Commercial tenancies are creatures of contract: Alberta’s Residential Tenancies Act does not apply, and the lease, often dozens of pages drafted years ago, governs nearly everything. The margin for error is small because remedies exercised wrongly can themselves create liability.
When a commercial tenant defaults, the landlord faces a genuine fork in the road: terminate the lease and claim damages, or affirm the lease and pursue rent as it falls due. Certain remedies, such as distress, are inconsistent with termination. Choosing wrongly, or acting in a way a court later characterizes as the other choice, can forfeit remedies entirely. This single decision is where commercial landlords most need advice before acting, not after.
Tenants face the mirror image: a landlord who improperly terminates, unlawfully seizes goods, or locks out a tenant without right may be liable for damages. If you have been locked out, get advice the same day; relief from forfeiture applications is time-sensitive.
Distress allows a commercial landlord to seize and sell a tenant’s goods for rent arrears without first suing. It is also one of the most technical remedies in landlord-tenant law: it must be executed through proper channels, only for arrears of rent, only against goods subject to distress, and only while the lease is alive. Wrongful distress exposes the landlord to damages. We advise on whether to distrain, how to do it lawfully, and how tenants can challenge improper seizures.
My tenant stopped paying. Can I just change the locks?
Sometimes, if the lease and the law permit termination for the default in question and the right notices are given, but a wrongful lockout creates liability. Re-entry or termination can affect the landlord’s ability to claim future rent or damages, depending on the lease wording, the notices given, and the remedy elected. Take advice before touching the locks.
I’m a tenant, and the landlord terminated my lease. Is it over?
Not necessarily. Courts can grant relief from forfeiture, restoring the lease on terms typically payment of arrears and costs, particularly where the breach is remediable, and termination would be disproportionate. Speed is essential.
Can I dispute the operating costs my landlord charges?
Yes, additional rent must be charged within what the lease actually permits, and reconciliations can be challenged, sometimes with audit rights in the lease. Recoveries on multi-year overcharges can be substantial.
Does the Residential Tenancies Act protect my business tenancy?
No. Commercial tenancies are governed by the lease, the common law, and specific commercial tenancy legislation, a far less protective regime. Your lease is your protection, which is why disputes turn on its wording.
Get Ahead of Your Commercial Lease Dispute
Whether you are a landlord weighing remedies or a tenant facing termination, the early moves matter most. Call Edmonton Law Office at (780) 784-6666 for an initial consultation with one of our commercial lease dispute lawyers.
The information on this page is general legal information and is not legal advice. Every dispute turns on its own facts, contracts, and deadlines. Reading this page or contacting Edmonton Law Office by phone, email, or web form does not create a solicitor-client relationship. Please do not send confidential information until a lawyer at our firm has confirmed in writing that we act for you. Legal deadlines, including limitation periods, may bar your claim if missed; promptly obtain legal advice about your specific situation.
Protect your business interests with experienced legal guidance on your commercial lease dispute — request your initial consultation today.
