Commercial Lease & Tenancy Dispute Lawyers, BC
Protecting landlords and tenants in the right forum.
Romaya Law advises commercial landlords, business tenants, residential landlords, and tenants across BC on lease and tenancy disputes — from Supreme Court commercial litigation to Residential Tenancy Branch proceedings. We know which forum applies and how to win in each.
Lease and tenancy disputes in British Columbia are governed by different laws and heard in different forums depending on whether the property is commercial or residential. A commercial lease dispute goes to BC Supreme Court under the Commercial Tenancy Act and the terms of the lease itself. A residential tenancy dispute goes to the Residential Tenancy Branch under the Residential Tenancy Act. Getting the forum wrong can cost you your rights — and your case. Whether you are a commercial landlord seeking to recover arrears, a business tenant fighting an improper lockout, a residential landlord pursuing an eviction, or a tenant responding to a notice, a commercial lease dispute lawyer in BC can chart the right course from the outset. This is general information only and does not constitute legal advice.
Commercial Lease Disputes: BC Supreme Court Is the Correct Forum
Commercial tenancies in British Columbia are governed primarily by the lease agreement itself, supplemented by the Commercial Tenancy Act. Unlike residential tenancies, commercial disputes are not handled by the Residential Tenancy Branch — they are litigated in BC Supreme Court. Common disputes include arrears of rent, disagreements over operating costs and additional rent, landlord and tenant obligations for repairs and maintenance, lease renewal and options to renew, distress for rent (a landlord's remedy to seize a tenant's goods), relief from forfeiture (a tenant's equitable remedy against termination), and disputed terminations. Legal representation by a commercial lease dispute lawyer is typically essential given the amounts involved and procedural complexity.
Landlord Remedies in Commercial Tenancy
When a commercial tenant defaults — whether by failing to pay rent, breaching lease covenants, or subletting without consent — a landlord has several remedies. These may include terminating the lease and re-entering the premises, pursuing arrears in court, or, in certain circumstances, seizing the tenant's goods through distress. Each remedy has procedural requirements and potential pitfalls: a wrongful re-entry or improper distress can expose a landlord to a damages claim. A commercial lease dispute lawyer in Vancouver can advise on the appropriate remedy, the required notices, and how to execute the remedy lawfully to minimize risk of a counterclaim.
Tenant Remedies: Relief from Forfeiture and Wrongful Lockout
Commercial tenants facing termination or lockout are not without recourse. A tenant may apply to BC Supreme Court for relief from forfeiture — an equitable remedy that can restore the tenancy even after a landlord has purported to terminate, provided the tenant remedies the default and the court finds forfeiture disproportionate. A wrongful lockout, where a landlord physically bars a tenant without following proper legal process, can attract injunctive relief and damages. Business tenants should seek immediate legal advice if they are locked out or threatened with termination, as delay can undermine the equitable remedies available.
Residential Tenancy Disputes: The RTB and the Residential Tenancy Act
Residential landlord-tenant disputes in BC are heard by the Residential Tenancy Branch — not the courts, except for enforcement of RTB orders. The Residential Tenancy Act governs notices to end tenancy (for unpaid rent, cause, landlord's use, demolition, and other grounds), rent increases, security and pet deposit disputes, and repairs. The RTB issues dispute-resolution decisions that can be filed in court for enforcement. Notices to end tenancy are technically specific and a procedural error can void an eviction. An RTB lawyer in Vancouver can prepare valid notices, represent landlords and tenants in RTB hearings, and advise on whether an order can be challenged by judicial review.
Eviction and Notice Requirements Under the Residential Tenancy Act
Ending a residential tenancy in British Columbia requires strict compliance with notice requirements under the Residential Tenancy Act. The appropriate form, grounds, and notice period vary significantly depending on the reason — non-payment of rent, cause, landlord's own use, or sale of a strata unit, among others. An invalid notice can be disputed at the RTB and dismissed, requiring the landlord to start over. If the tenant has already vacated on a flawed notice, there may be a damages exposure. Whether you are a residential landlord trying to recover your property or a tenant disputing an eviction notice, legal guidance from an eviction lawyer in BC can be decisive.
How we help with commercial lease & tenancy disputes
Commercial Lease Litigation
We represent landlords and tenants in BC Supreme Court on rent disputes, lease terminations, distress, relief from forfeiture, and breach of lease covenant claims.
Wrongful Lockout and Injunctions
We obtain emergency injunctions to restore access for locked-out commercial tenants and defend landlords against wrongful lockout claims.
Residential Tenancy Branch Representation
We prepare and argue landlord and tenant cases before the RTB, from dispute-resolution hearings to enforcement of orders in court.
Notice to End Tenancy
We draft legally compliant eviction notices for residential landlords under the RTA and advise tenants on whether a notice they received is valid.
Lease Review and Negotiation
We review commercial lease agreements before signing, flagging risk provisions, negotiating tenant-protective clauses, and advising on assignment and renewal rights.
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