Does a landlord have a right to exclude a tenant from a portion of a restoration and cleaning obligation that related to the condition of the premises prior to entering into a subsequent lease?
British Columbia, Canada
The following excerpt is from Canadian National Railway Company v. Imperial Oil Limited, 2007 BCSC 1557 (CanLII):
In O’Connor v. Fleck, 2000 BCSC 1147, 79 B.C.L.R. (3d) 280 [O’Connor cited to BCSC], the court considered whether the tenants were excused from that portion of a restoration and cleaning obligation that related to the condition of the premises that existed prior to entering into a subsequent lease. The court concluded that the tenants were not excused. At para. 87 of the decision, C. L. Smith J. stated: First, the notional possession of the landlord at the moment between the end of one lease and the beginning of the next (for example, at midnight on June 30, 1975) is no more than a legal fiction in this context, as it was held to be in the Giouroukos case.
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