I missed my lease renewal deadline. Now what?

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Plain-English definitions with BC sources, from the encyclopedia:

• Term (loan)
• Commercial Tenancy Act
• Market rent
• Renewal option
• Leverage (negative)

General information only. This page is not legal, tax, accounting or financial advice, and it isn’t an opinion on your situation. Laws, rates and figures change, and examples are illustrative. Get advice from a lawyer, accountant or other qualified professional before you act. Reading this page doesn’t create an agency or client relationship. Cam Appleton is a Commercial Real Estate Agent licensed by the BC Financial Services Authority (BCFSA RE611549) with Coldwell Banker Prestige Realty. Terms and disclaimer.

What you lost, and what you didn’t

An option to renew usually comes with a deadline. The City of Vancouver’s lease negotiation guide says that if you intend to renew you need to do it before the date for giving notice, and that missing it can make the renewal term invalid.

What you may still have, depending on your lease: the rest of your current term, your track record as a tenant, and a landlord who may prefer a paying tenant to an empty unit.

Step 1: read the notice clause

Find the exact clause and write down the notice date, how notice must be given (in writing, by registered mail, by email) and who it goes to. Some clauses have conditions, like not being in default. Questions to take to your lawyer: Has the option actually lapsed? Was any notice I gave valid? Do any conditions apply?

Step 2: talk to the landlord before the lease ends

Ask in writing for a renewal or a new lease. Keep paying rent and keep the tone friendly. Going quiet can make it more likely the landlord starts talking to other tenants.

Overholding and month-to-month

Overholding means staying after your lease ends. Many leases have their own overholding clause, often month-to-month at a higher rent, and the lease wording often matters most. The Commercial Tenancy Act adds teeth: the Act says a tenant who wilfully holds over after the landlord’s demand and written notice can owe double the yearly value of the land for the time held over, and the Act lets the landlord apply to the Supreme Court for possession. Whether any of this applies to you is a question for your lawyer.

Your position, compared

Situation	Rent	Security	Your leverage
Option used on time	Set by the option clause	Full renewal term	Generally strong, per the clause
Missed, new lease negotiated	Negotiated, often near market	A new term once signed	Your alternatives and track record
Overholding with no deal	Per the lease clause, often higher	Little, can end on notice	Low

Negotiating a new lease without the option

Your leverage is a real alternative. Before you talk numbers, line up rent comparables and 2 or 3 backup spaces. A landlord who knows you can move may be more flexible on rent. See check if you’re paying too much rent and the lease renewal checklist.

A common pattern: a café owner on a five-year lease with a five-year option finds the notice window closed a month ago. Say the landlord is open to a new lease at market rent. Comparables plus a short list of other spaces can turn that into a real negotiation. Outcomes vary.

What else to know before you talk to the landlord

The deadline is in writing

Standard BC offer-to-lease forms usually ask the tenant to give written notice to renew a set number of months before the lease ends. Missing it often means the option is gone and what’s left is a negotiation, but that turns on your lease wording.

Staying and paying can create a periodic tenancy

If you stay after the term ends and the landlord accepts rent, the law may imply a periodic tenancy. Rent expressed yearly may point to year to year, and monthly to month to month. Your lease may have its own overholding clause that changes this.

Know how much notice either side needs

With no termination clause, a periodic commercial tenancy generally ends on reasonable notice, often one full rental period for monthly and six months for yearly, ending on the last day of a period. Ask your lawyer what applies to you.

Don’t promise to leave and then stay

Under the Commercial Tenancy Act, the Act says a tenant who gives notice to quit and doesn’t leave can owe double rent, and the Act covers wilful holding over after a demand. It’s best not to send a move-out date you can’t keep.

Lead with what the landlord loses if you go

A vacancy can mean downtime, improvements and leasing costs for the landlord. Showing up with a market rent number and a real alternative space can make a late notice matter less.

Your lease is a business asset

A business with no lease term can be worth less, and a buyer or lender will ask about it. Sorting out a new lease now may protect the value of the business, not just the space.

Don’t negotiate with yourself

Rather than opening with more rent, ask what the landlord wants first. Then trade any concession for something back, like term, improvements or a new renewal option.

Offer what costs you little

A longer term, a clean payment history or taking the space as-is can matter to a landlord and cost you little. Those are worth putting on the table before rent.

Whether a late notice can be saved depends on the exact wording and the facts. Talk to a lawyer quickly rather than relying on a web page. Overholding, month-to-month rights and double-rent exposure depend on your lease and BC’s Commercial Tenancy Act, so get advice before you stop paying, sign a new term, or give or miss a move-out date.

Cam is a licensed real estate agent, not a lawyer or accountant, so take the legal and tax questions to them.

Next time, diarize every date

Put every notice date in your calendar with reminders a few months ahead. My free lease renewal deadline tool works it out, and timing your lease explains why starting early matters. If the lease is ambiguous, ask a lawyer how it applies to you. See commercial lease rules in BC.

Common mistakes

• Staying silent and hoping the landlord doesn’t notice.
• Assuming overholding gives you the old rent and terms.
• Negotiating before you know what the lease and the market say.
• Moving without a firm deal on the next space.

Overholding after a missed renewal notice

If the renewal notice window closed and you are still in the space, you are often overholding. With the landlord’s consent that can become month-to-month. Without it, some leases treat you as a tenant at will. Overholding rent is often set higher—sometimes double the last minimum rent—so the file does not quietly roll into another year on old terms.

Ask your lawyer to read the overholding clause and the notice section before you rely on a handshake. Get any short extension in writing with a clear end date. Meanwhile, start a real search or a fresh renewal proposal so you are not negotiating under a penalty rent.

Questions people ask

Can I still renew if I missed the notice date?

Often not as a right, but it depends on your lease, so ask your lawyer. You can ask the landlord for a renewal or a new lease. Some agree, often at market rent.

Will the landlord evict me right away?

Not while your current term runs. After it ends, it depends on your lease’s overholding clause and the Commercial Tenancy Act. Get legal advice if the landlord asks you to leave.

Is a verbal agreement to renew binding?

It may not be. Many leases require written notice, so ask your lawyer, and a new lease should be in writing and signed.

What is overholding?

Staying in the space after the lease ends. Your lease often sets the terms, sometimes month-to-month at a higher rent.

Written by Cam Appleton, Commercial Real Estate Agent, Coldwell Banker Prestige Realty. Sources are linked in the text and were checked Oct 27, 2026.