Location Break Notice For Free

Break Clauses, also known as Break Notices, are provisions written into a commercial lease that allow a landlord or tenant to terminate the lease part way through the term. This is usually at one or more fixed points in time (for example, eighteen months and three years through a five-year lease).

Notice must be served ? the form of notice that is required to operate a break clause will be set out in the lease. The clause covering this should include what wording is necessary and how much time in advance the notice should be served to make the break clause work.

The lease will provide details of how the break notice must be sent to ensure effective service i.e. there may be a requirement to send the notice by registered post or by personal service.

Landlords are required to give their tenant at least 60 days written notice to the end of the term or rent period using the Landlord and Tenant Board Form N12.

It is a good idea to wait for your landlord to give you a Form N12 instead of signing a Form N11. If you sign the Form N11, you might not get the compensation the law requires for Form N12 notices. And you might not be able to file a complaint with the LTB if the person never moves in.

It might be called a break clause or something different. Here's an example: 'This agreement may be ended by landlord or tenant giving at least 2 months' notice in writing to the other party, to expire at any time after 6 months from the start of this agreement. '

You will need to know both when the break can be exercised and how much notice you must give. The lease may set out a single break date, either expressly (for example, 25 March 2028) or by reference to the date the term began (for example, 'on the fifth anniversary of the term commencement date').