Signing a commercial lease in BC is one of the most significant financial commitments a business owner will make. A 5-year lease on a $6,000/month space is a $360,000 obligation. Most business owners spend more time choosing a logo than reviewing their lease.
Here are seven red flags that should make any business owner pause — or walk away — before signing a commercial lease in British Columbia.
1. The Permitted Use Clause is Too Narrow
Every commercial lease in BC includes a permitted use clause that defines exactly what business activity is allowed in the space. If this clause is written too narrowly, you can be in breach of lease simply by expanding your services.
For example: a lease that permits "retail sale of clothing" may not permit you to add an alteration service. A lease permitting "restaurant" may not permit catering or food manufacturing on premises.
Before signing, ensure the permitted use clause accurately reflects not just what you do today — but what you might do over the full lease term.
2. No Zoning Confirmation for Your Specific Business Use
The permitted use clause in the lease is only half the equation. The municipal zoning bylaw governs what is actually legally permitted at the property regardless of what the lease says.
A landlord can write anything they want into a lease — but if the municipality doesn't permit your use in that zone, you cannot legally operate your business there. This is not the landlord's problem once you've signed. It becomes yours.
3. Additional Rent is Uncapped or Loosely Defined
In BC commercial leases, additional rent covers property taxes, building insurance, and common area maintenance (CAM). In a triple-net lease, these costs are passed directly to tenants.
Watch for: no cap on year-over-year increases in additional rent, vague definitions of what "maintenance" includes, and landlord's right to include capital improvements in CAM charges. Additional rent that starts at $6/sqft/year can escalate to $10+/sqft/year within a few years on a poorly structured lease.
4. Personal Guarantee Without Limitation
Most BC commercial landlords will require a personal guarantee — meaning you're personally liable for the lease obligations if your corporation defaults.
The red flag is an unlimited personal guarantee with no carve-outs, no sunset clause, and no reduction over the lease term. Negotiate a "good guy clause" or a guarantee that reduces after the first 2–3 years.
5. Demolition or Redevelopment Clause
Some BC commercial leases — particularly in urban areas or on sites with development potential — include clauses allowing the landlord to terminate the lease with 6–12 months notice if they intend to demolish or redevelop the property.
For a business that has invested $100,000+ in leasehold improvements, a 6-month demolition notice is devastating. If this clause exists, negotiate it out or ensure your tenant improvement investment is fully amortized within the notice period.
6. Assignment and Subletting Restrictions
If you want to sell your business, you need the right to assign your lease to a new tenant. Landlord-friendly leases in BC often require landlord consent for any assignment, with the landlord retaining the right to recapture the space rather than approving the transfer. This can make your lease effectively worthless to a buyer of your business.
7. No Fixturing Period or Tenant Improvement Allowance in Writing
Verbal promises don't hold up in commercial lease disputes. If your landlord has agreed to provide a tenant improvement allowance or a rent-free fixturing period, these must be written into the lease with specific dollar amounts, timelines, and conditions.
"We'll work something out" is not a lease term. Get every financial concession in writing before you sign.
Getting a Commercial Lease Reviewed in BC
A commercial real estate lawyer in BC typically charges $800 – $2,500 to review a commercial lease. For a 5-year lease on a $6,000/month space, that review fee is an insurance policy on a $360,000 commitment. It's always worth it.
Equally important: work with a tenant representative who verifies zoning and permitted use before you get to the lease stage. Catching problems at the property search phase is far less expensive than catching them at the lease review stage. Contact Kamran Khan at ZoningVerified.ca — tenant representation at no cost to qualified tenants across the Lower Mainland.