Can a landlord demand percentage rent on a commercial lease?
Saskatchewan, Canada
The following excerpt is from Epicon Properties Inc. v. Sherlyn Enterprises Ltd., 1984 CanLII 2334 (SK QB):
A demand for percentage rent would be futile, and not necessary in the context of the principle in Rilling v. Hort. That is so because the tenant was not required to pay percentage rent. It is upon the ground that the tenant was not required to pay it that the landlord sought to forfeit the lease relying upon subparagraph 12.01 (m).
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