Does a Landlord have to give advance written notice to a Tenant of an increase to TMI? (ie. 60 days written notice?)
Usually, you would find something in the Lease and that would govern, but assuming that the entire TMI issue is overlooked, the default position is that the TMI is the responsibility of the Tenant to pay directly. This also means that no notice of any kind would be required.
Arrangements are then only modified by the commercial lease, such that the Landlord takes on the duty of payment.
It is noteworthy that there could be considerations under the Commercial Tenancies Act and the Short Forms of Leases Act, although there is nothing specific on TMI or related notice provisions in either Act.
Brian Madigan LL.B., Broker