Can a landlord demand percentage rent on a commercial lease?
Saskatchewan, Canada
The following excerpt is from Epicon Properties Inc. v. Sherlyn Enterprises Ltd., 1984 CanLII 2334 (SK QB):
A demand for percentage rent would be futile, and not necessary in the context of the principle in Rilling v. Hort. That is so because the tenant was not required to pay percentage rent. It is upon the ground that the tenant was not required to pay it that the landlord sought to forfeit the lease relying upon subparagraph 12.01 (m).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)
What is the test for obtaining an order to evict a tenant of a commercial property from a commercial landlord? (Saskatchewan, Canada)
Can a vendor who sells a 40 year lease for 40 years, obtain a lease for another year after the lease has expired? (Saskatchewan, Canada)
What are the grounds for vacating a leased premises so as to discharge the landlord from liability for the rent? (Saskatchewan, Canada)
Is a lease agreement enforceable to determine the ascertainment of the rent payable under a renewal lease? (Saskatchewan, Canada)
What is the second ground of defence in a commercial lease application? (Saskatchewan, Canada)
What is the test for a rooming house keeper to be a commercial landlord? (Saskatchewan, Canada)
How have the courts interpreted a parol agreement where a landlord was induced to sign a lease with a promise that rabbits would be destroyed? (Saskatchewan, Canada)
How have the courts interpreted a surrender statement in the context of a commercial lease? (Saskatchewan, Canada)
Is there a common interest between a plaintiff and the landlord of a parcel delivery company who was injured in a freight elevator that was provided by the landlord? (Saskatchewan, Canada)
