Ontario's Commercial Tenancies Act
Ontario’s Commercial Tenancies Act (the Act) outlines the relationship, rights and obligations between commercial landlords and tenants. Whether you are a commercial tenant, sub-tenant or a landlord, it is highly recommended that you obtain legal advice to assist you with interpreting how the Commercial Tenancies Act applies to your particular situation. Note that a signed lease agreement may take precedence over the Commercial Tenancies Act. Typically a lease agreement sets out the specific obligations for both commercial landlords and tenants such as rent, maintenance, operating costs, leasehold improvements, and other matters. Both landlords and tenants should carefully read their lease agreement as the majority of leases have terms and conditions that spell out the obligations of each party. If you have a commercial landlord and tenant dispute, contact an experienced litigation lawyer to discuss your case. Our office handles only selective cases, and as such, our lawyers will evaluate your dispute with our no-obligation phone consultation. If you would like your commercial contract reviewed, please be advised that the there is an hourly rate billing applied to this retainer. Contact us for details.
At Scardicchio Law Office Professional Corporation, our Commercial Landlord and Tenant Lawyers have the skills and knowledge to help you resolve your landlord and tenant dispute. Call us to discuss your situation. We are here to help. To find out about the new Bill 192, "An Act to Amend the Commercial Tenancies Act", please contact one of our lawyers. The Bill amends the Commercial Tenancies Act to prohibit certain actions by landlords if the landlord is or would be eligible to receive assistance from the Canada Emergency Commercial Rent Assistance for small businesses program; however, the rules cease to apply if the landlord is approved to receive the assistance. Judges are prohibited from ordering a writ of possession that is effective during the non-enforcement period if the basis for ordering the writ is an arrears of rent. As well, the amendments prohibit landlords from exercising a right of re-entry and from seizing any goods or chattels as a distress for arrears of rent during the non-enforcement period. The non-enforcement period begins on the day subsection 2 (1) of the Protecting Small Business Act, 2020 comes into force and ends on September 1, 2020 or on an earlier day to be named by proclamation of the Lieutenant Governor. If a landlord exercises a right of re-entry between May 1, 2020 and the start of the non-enforcement period, the landlord must restore possession of the premises to the tenant or, if unable to do so, must compensate the tenant for damages. Also, if a landlord seizes a tenant’s goods between May 1, 2020 and the start of the non-enforcement period as a distress for arrears of rent, the landlord must return any unsold goods to the tenant.
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