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CALGARY -- The province says commercial landlords will no longer be allowed to evict business tenants without first applying for rental relief from the government.
Surrender the Lease. One option for getting out of your commercial lease early is to approach your landlord and request to surrender the lease. Early Termination Clause. Some lease agreements will contain an early termination clause (commonly called a break clause). Assignment of Lease. Subletting the Premises. Licensing.
Nevada law requires a thirty-day notice to the tenant (or a seven-day notice if the tenant pays rent weekly), followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant's presence is now unlawful.
Break rights can only be exercised on reasonable prior written notice and usually a minimum of 6 months' notice is required.It is therefore prudent for a landlord or tenant to ask its professional advisors to serve a break notice on its behalf and to review the validity of any such notice served by the other party.
So a tenant is likely to have to give between 3 and 4 months notice if rent is paid monthly, and 3 and 6 months notice if rent is paid quarterly.
If the commercial tenant is a shell corporation and/or does not have any assets of value, the commercial tenant may choose to walk away from its commercial lease obligations.Often the landlord will require guarantees in order to prevent a commercial tenant from walking away from its lease obligations.
State law regulates several rent-related issues, including late and bounced-check fees, the amount of notice (at least 45 days in Nevada) landlords must give tenants to raise the rent, and how much time (five days in Nevada) a tenant has to pay overdue rent or move before a landlord can file for eviction.
Landlords can try and forfeit a lease if a tenant is in breach of their obligations (this assumes that the lease document includes a right to forfeit).If a commercial lease contains a break clause, either or both parties to the agreement may seek to terminate the lease before its fixed period has ended.