Does a landlord's decision to change the locks of a commercial premises constitute an election by the landlord to terminate the lease?
British Columbia, Canada
The following excerpt is from Farrell Estates Ltd. v. Win-Up Restaurant Ltd., 2010 BCSC 1752 (CanLII):
The principle to be derived from the authorities is that if a landlord distrains and changes the locks they must do so properly or the change of the locks will be found to terminate the lease. A lock change is justified if the premises have been abandoned. Whether the changing of the locks constitutes an election by the landlord to terminate the lease will depend on the particular circumstances of the case. In some cases, courts have found that changing the locks did not terminate the lease because the tenant was offered continuing access or a new set of keys. Moreover, the onus is on the landlord to show it executed the distress properly and lawfully: Gooch v. Song, 2010 BCPC 79 at para. 267.
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