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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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I have one question about lease. I open a business, the

Customer Question

I have one question about lease.
I open a business, the landlord want stopped the lease, there had two fire accidents after I refused stopp lease ( it will end on Jun 2019) because my business permit will involid if I leave current address, during four months, I try to contact the landlord to repair the building or sale it to me, she didn't give me clear answer, did not do any repair. Finally told me she sold the building to another company with lower price than me bid to her, also she finance all amount to them but I agree pay her one time no finance (30000$ higher than them).
Now the new owner want rebuild the building and cease my lease, actually it only need simply repair then I can reopen, but they do not want give me the chance, they want move me out and do not keep the place for me even after rebuild.
I believed the two owners had the plan together, the prevent fires was related to them, How can I protect myself? I am so sad and disappointed about my situation. But not clear if them consisted the building was damage need long time to rebuild, can I request keep my place after rebuild until my lease stopped on 2019? or I can do the renovation by myself then ask them to refound? It is legal or not?
Thanks for your concern!
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
My business is bar
Customer: replied 1 year ago.
the new owner had insterested this building more than two years, he didn't buy before because my lease is too long, he think not good for him. We have good cooperation with the old owner before, suddenly she changed from jun 2015. she wanted stopped the lease with unreasonable excuse, we refused, there have two times criminal fire in my business, we sent the vedio yo police, but not find the person which operated the fire.
We wait four months for repair , no any action, also try to buy the building. She refused even we gave higher price, now the new owner want rebuild condo in this address, he don't want we stay in old place, actually the building does not need rebuild, but if he insist to change the purpose of the building, I'm wondering he can get permit to rebuild it if we refuse cease the lease or I have the right stay same place until Jun 2019 even my business can't open normally.
Customer: replied 1 year ago.
I face big finance lost even bankrupt because this situation, or lost my alcohol permit if move to another address, it is very difficult to apply a new one. The two owners cooperated together first had fire stop my business, then delay repair and sale it on mar 2016.The strange thing is the old owner did not get any money from this deal, she finance all amount to new person, charge 5% interest from may 2016. no money in the account of new company which bought the building. we bid 415000$ and pay one time, she refused. The old owner sent letter to us she will get out from this case, all problem go to see the new owner, but new owner doesn't care our request, he want pay 10000$ to stop the lease. we will lose 250000$ if business can't reopen.
They want delay long time force me give up and move out. No side responsible for my
Customer: replied 1 year ago.
No side want responsible for my compensate even I appeal to court, because the new company is empty. Will my lease automatically stop if new owner remove the old building, start build new one and refuse to rent to me before jun 2019? I'm more concerned my lease because keep lease is the only way to keep my business.
Customer: replied 1 year ago.
I recieve e-mial to remind me my question is related to Canada law, i live in Quebec. Please let me know if your answer the question is correspons to Canada law/province law or not.
Customer: replied 1 year ago.
Someone tell me i go yo court my lease will stopped if the owner prove this building is dangeours and need rebuild. Also the fire is opened by someone, I have prove not caused by myside, can I ask the court resist any action to the building before police close the case.
Expert:  Debra replied 1 year ago.

Your post is too long. I need to have you summarize it.

Essentially, are you saying that because of the two fires the landlord tried to treat the lease as at and end and that you did not wish to do so and the landlord failed to make the repairs as did the new landlord and you suffered damages as a result?

Customer: replied 1 year ago.
they want rebuilt the building but not rent to me, if l leave the place, all my permits (alcohol and loto machine)will lose and very very difficult to apply again in other address. i spent 400000$ to bought the business, I will have huge amount lose if can,t reopen in this place.also they don't want pay the lose, just want me leave.
Expert:  Debra replied 1 year ago.

If if this is a fixed then they cannot terminate it earlier. The only time they may be able to get out of this lease early is if they say the lease is frustrated which means that they cannot comply with the lease because the building has been destroyed for example.

As they can easily make the repairs this lease has not been frustrated and they are required to adhere to the terms of the lease.

You can sue them for to enforce the lease and/or for damages.

Your next step should be to consult with a lawyer face to face with a view to retaining the lawyer to threaten a lawsuit and sue if necessary.

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