A commercial tenant in Ontario has a fixed five-year lease. Under the Commercial Tenancies Act and general law, what notice is required to end the lease at the end of its term?
Correct Answer
D) As the lease specifies
A fixed-term lease ends on its expiry date, so any notice needed at the end of the term is set by the lease. The Commercial Tenancies Act, s. 28, prescribes notice only for periodic tenancies: a week's notice for a weekly tenancy and a month's notice, ending with the month, for a monthly tenancy. It sets no 30, 60 or 90 day period for a fixed term.
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In Ontario, a commercial lease contains no overholding clause. The tenant stays in possession after the term expires, and the landlord accepts rent. Under the common law, what is the usual result?
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