Does a tenant who has entered into a covenant to repair to a standard of perfection, or does not, at the end of the lease, return the premises to the landlord, or eliminate signs of age?
British Columbia, Canada
The following excerpt is from Freshslice Properties Ltd. v R.T.M. Holdings Ltd., 2013 BCSC 135 (CanLII):
The law does not hold a tenant who has entered into a covenant to repair to a standard of perfection; nor is a tenant required to return improved premises to the landlord at the end of the term, or to eliminate signs of age. The covenant to repair requires a tenant to put the building into a state of repair similar to that existing when the tenancy began: O’Connor v. Fleck, 2000 BCSC 1147, 79 B.C.L.R. (3d) 280 [O’Connor], at para. 48. The obligations to repair during the term of the lease and to leave the premises in good repair at the end of the lease are both qualified by the reasonable wear and tear exception: O’Connor, at para. 56.
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