The Lease as a Contract


  • Douglas R. Stollery



In a detailed analysis of the rights and obligations of the parties in a landlord-tenant relationship, the author first examines the traditional view of a lease as a conveyance rather than a contract Recent modification of the basic common law rules of landlord and tenant by the Canadian courts and provincial legislatures, through the application of rules of contract law, leads the author to a consideration of the lease as a contract In characterizing a lease simply as an agreement that the landlord will not substantially interfere with the tenant's possession, his analysis points up the limited nature of a landlord's obligations. The author concludes that a solution to the problem of the limited nature of a landlord's obligations therefore requires more than a simple applica tion of contract principles to leases, and that legislative extension of those obligations in particular areas is required.