Blog by Hoogbruin & Company · Last updated October 2026
When you receive a commercial lease termination notice in BC, take it seriously, compare it word for word against your lease, preserve every record, avoid acting on your own, and speak to a commercial litigation lawyer before you reply. What you do in the first 24 to 72 hours decides which options stay open to you.
That moment can feel overwhelming, and the urge to fight back at once or set the letter aside is completely normal. Hoogbruin & Company has been a litigation-focused firm in Vancouver since 1987, and our commercial litigation team represents both tenants and landlords in lease disputes across Metro Vancouver, from restaurant operators and retail tenants to commercial property owners. The clients who protect their position best are the ones who slow down just long enough to act strategically instead of reactively.
The 5 steps at a glance:
- Don’t ignore it. Deadlines start running the day the notice arrives.
- Read it against your lease. Check whether it’s a default notice or a termination notice and whether it follows the lease’s notice rules.
- Save every record. Keep emails, letters, texts and call notes about the tenancy.
- Don’t act alone. Tenants shouldn’t vacate and landlords shouldn’t change the locks.
- Call a lawyer before you reply. Get advice before the cure period runs out.
If a notice has already landed on your desk, book a consultation with Hoogbruin’s commercial litigation team so a lawyer can review it against your lease before any deadlines pass.
Step 1: Why Can’t You Ignore a Commercial Lease Termination Notice?
Setting a commercial lease termination notice aside is the most dangerous instinct, especially when you believe it’s wrong or invalid. In commercial tenancy disputes, silence is rarely neutral. Failing to respond can be treated as accepting the notice’s terms or acknowledging the default it describes, and inaction past a set deadline can close off options you would otherwise have had.
You don’t need to send a reply the same afternoon. You do need to treat the notice as legally significant from the moment it arrives, because timelines are already running and some of them are very short.
Step 2: Is It a Commercial Lease Default Notice or a Termination Notice?
Sit down with the notice and your signed lease and read them side by side. Your lease sets out exactly how notice must be given, including its format, how it’s delivered, who it must be addressed to and which defaults it can rely on. A notice that misses any of these requirements may be legally deficient, but you’ll only know by comparing the two documents carefully.
Next, work out which kind of notice you’re holding. A commercial lease default notice usually gives the party in breach a set window, called a cure period, to fix the problem before termination can take effect. A termination notice usually signals that the other side believes the cure period has passed or that the breach doesn’t require one.
| Commercial lease default notice | Commercial lease termination notice | |
| What it says | A breach has happened and must be fixed | The lease is ending |
| Cure period | Usually gives time to fix the problem | Usually claims the cure period has passed or doesn’t apply |
| Your priority | Act within the cure period and document it | Get legal advice on validity before responding |
For tenants, every day of a cure period is an asset. For landlords, a notice that skips the lease’s own procedure can create liability instead of resolving the problem. If the notice alleges a breach of your commercial lease terms, our guide explains how those disputes usually unfold.
Step 3: Which Records Should You Save After a Termination Notice on Your Commercial Lease?
Gather and preserve every communication that shows the history of the tenancy. That includes emails, letters, texts, voicemails, notes from phone calls and records of in-person conversations.
Picture a notice claiming you’ve been in default for months while you hold emails showing you raised the same issue and were told it was being fixed. Or picture a landlord with written records of several notices the tenant ignored. In both cases, the paper trail can change the outcome.
Don’t assume digital records will stay put. Email threads get deleted and text histories disappear when phones are upgraded, so screenshot, export or print everything relevant now. From this point on, anything you write about the dispute may become evidence, so think carefully before you put it in writing.
Step 4: Should You Vacate or Change the Locks After a Commercial Lease Termination Notice?
No, not before you’ve spoken with a lawyer. This applies to tenants and landlords equally.
Tenants shouldn’t leave the premises just because a notice arrived. Vacating can be treated as surrendering the lease, which gives the other side what it wants and can cost you the right to challenge the termination or claim damages.
Landlords shouldn’t change the locks, remove the tenant’s property or restrict access without going through the proper legal process. A wrongful lockout of a commercial tenant exposes you to significant liability even if the termination itself was justified, and BC courts take it seriously. For more on a tenant’s right to use the premises without interference, see our post on quiet enjoyment in BC commercial leases.
Before you take any action on the property, see how our commercial litigation lawyers in Vancouver handle lease disputes and what they can do for you.
Step 5: Why Call a Lawyer Before the Commercial Lease Cure Period Runs Out?
Your first formal response sets the tone, and often the legal framework, for everything that follows. A reply that concedes a point, waives a right or fails to assert a position you’re entitled to can narrow your options. Rights waived through an imprecise response are often gone for good.
A commercial litigation lawyer can tell you whether the notice is valid, whether the claimed default is accurate, what your cure rights are and how to respond without weakening your position. They can also advise whether the dispute calls for negotiation, a formal legal challenge or something in between. A commercial lease cure period can be as short as a few days, so the earlier counsel is involved, the more options remain.
What If the Commercial Lease Termination Notice Is Defective?
A notice can be defective on its face if it doesn’t follow the lease’s own rules for how, when or to whom notice must be given. A defective notice isn’t automatically meaningless, but it may be challengeable. Only a careful legal review will show whether that challenge is open to you.
What Happens If You Wait to Get Advice on a Commercial Lease Termination?
Picture two business owners who receive the same notice. The first drafts a reply based on their own reading of the lease, calls the other side to smooth things over and waits a few days to see what happens. By the time they reach a lawyer, some of their options have quietly closed.
The second takes a breath, gathers the documents and calls a commercial litigation lawyer that same day. The lawyer spots any procedural flaws, confirms the cure rights and timelines, and helps craft a first response that protects their position. It’s the same notice with a very different trajectory.
How Can Hoogbruin & Company Help With a Commercial Lease Termination Notice?
Hoogbruin & Company’s commercial litigation team works with tenants and landlords in high-stakes lease disputes across Metro Vancouver, including restaurant, retail and office leases. Lawyers such as Arsen Krekovic, who advises on BC commercial lease rights, can review your notice, explain where you stand and help you decide whether to negotiate or challenge the termination.
Whether you’ve received a commercial lease termination notice or you’re a landlord preparing to issue one, contact Hoogbruin & Company to book a consultation before you reply, vacate or change the locks. The sooner we understand your situation, the more options we can put on the table. You can also reach our office at 1166 Alberni Street in Vancouver at 604-609-3783.
Frequently Asked Questions About Commercial Lease Termination Notices
How long is a cure period in a commercial lease?
The cure period is set by your lease, so it varies from one lease to another. Some give several weeks to fix a default, while others allow only a few days. Check the default clause of your lease the day a notice arrives, because the clock may already be running.
Can I stay in my premises after receiving a commercial lease termination notice?
Don’t leave the premises before you get legal advice. Vacating can be treated as surrendering the lease, which can cost you the right to challenge the termination or claim damages. A lawyer can tell you whether the notice is valid and what staying or leaving would mean for your position.
Can a landlord change the locks after sending a termination notice?
A landlord shouldn’t change the locks, remove a tenant’s property or block access without following the proper legal process. A wrongful lockout of a commercial tenant can expose the landlord to significant liability, even if the termination itself was justified. Landlords should get legal advice before taking any step to recover the premises.
Does a landlord have to send a default notice before terminating a commercial lease?
It depends on your lease and the type of breach. Many leases require a commercial lease default notice and a cure period before termination, while some treat certain breaches as grounds to terminate right away. A lawyer can compare the notice against your lease to see which applies.
What if the termination notice was sent to the wrong address or person?
A notice that doesn’t follow the lease’s rules on how, when or to whom it must be delivered may be defective. A defective notice isn’t automatically meaningless, but it may be challengeable. Only a careful legal review of the notice and your lease can confirm this.
When should I call a lawyer about a commercial lease termination notice in BC?
Call a commercial litigation lawyer as soon as the notice arrives and before you send any reply. Your first response can waive rights or concede points without you realizing it. Early advice keeps the most options open, especially when the cure period is short.
More on commercial lease disputes:
