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    Are There Laws That Protect Commercial Tenants?

    Are There Laws That Protect Commercial Tenants?

    Unlike residential tenancies, commercial business tenants are often at the mercy of the provisions of their lease, with few avenues of recourse against a landlord other than to start legal proceedings. Legislation governing commercial or retail tenancies differs significantly from place to place, and many jurisdictions do not have any laws in place to protect business tenants. Because each lease is negotiated between the parties, there are generally no statutory standard lease forms. The landlord and tenant are deemed to be on an equal footing in negotiating the lease, which is governed by contract law.

    However, some jurisdictions have enacted laws that protect small business owners from unscrupulous practices by landlords. These laws also protect commercial landlords from bad tenants. Examples of commercial lease legislation include:

    Whether you're a landlord or a tenant, you can best protect your interests by (i) finding out if there are laws in effect that apply to your tenancy and (ii) determining what your legal rights and obligations are.

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