Joint and several leases
A joint and several lease is a lease where two or more tenants are each liable for the full rent and all other tenant obligations, not just a share. The landlord can pursue any one tenant for the whole amount owed. In commercial leasing, indemnifiers or guarantors are often made jointly and severally liable too.
How BC law treats it
Commercial leases in BC are governed by the lease terms, the common law and the Commercial Tenancy Act, RSBC 1996 c 57, not the Residential Tenancy Act. Joint and several liability arises from the lease wording.
What it means for your business
Co-tenants of business premises should agree among themselves how rent and obligations are shared, since the landlord can claim everything from either.
Risks and common mistakes
If a co-tenant leaves or becomes insolvent, the remaining tenant can be liable for the full rent for the rest of the term.
For the full explanation, see our entry on Commercial lease.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
