Ontario Lockout / Eviction of Commercial - Industrial Tenants
BAILIFF CAN LOCKOUT A TENANT - COMMERCIAL TENANT EVICTION / LOCKOUT - TERMINATION OF TENANT LEASE
When a Commercial Tenant or an Industrial Tenant has failed to pay rent, the Landlord can Terminate the Lease, HOWEVER cannot then Distrain against the tenants goods (claim to seize goods to pay the rent): An Eviction Notice is created by the Landlord or property owner. It terminates the lease and/or instructs a tenant to vacate the property. The Eviction Notice of the Commercial Tenant of better known as "Tenant Lockout" can be performed by a Bailiff in Ontario. Ontario Commercial Landlords, if you have a tenant who is behind in the rent or otherwise in default under your lease agreement TAKE ACTION and call a licensed Ontario Bailiff for a free consultation.
'The Notice of Termination informs the tenant that, pursuant to the Commercial Tenancies Act R.S.O. 1990, the landlord has retained a Bailiff as their agent to change the locks and the lease has been terminated. and forfeited. The notice also advises the tenant that the landlord may seek damages for the unexpired balance of the term by legal means (Small Claims Court max $25,000.00)
Tenant Abandonment - If the tenant has left the premises and removed all goods, the landlords' only recourse is to terminate and collect arrears in court.
Midnight Move (Distress) - Before distress has been levied and the re are no arrears- Landlord loses the right to distress and no action can be taken. Certain circumstances that include accelerated rent clause may allow for court ordered recovery of losses. - If during the act of removing the goods the landlord, who must have arrears owing, can retain bailiff, produce warrant & notices, and get documentation served on tenant, he may be able to secure the remainder of goods on the premises. - Goods removed after Distress has been levied - Constitutes illegal removal and goods can be followed off premise and seized. Bailiff can follow goods up to 30 days.
Ontario Commercial tenants can be evicted for non-payment of rent which exceeds the amount that is due. The 'Commercial Tenancies Act R.S.O. 1990 permits the Landlord to use ' Self Help Remedies" which include hiring a Ontario Bailiff to Terminate the tenancy without a court order, such as is required for residential evictions.
The law normally provides that if the tenant is in violation or breach of the lease or agreement, the Landlord must give the tenant proper notice to correct the violation or breach (non payment of rent) to avoid eviction. Commercial leases will often state that if the tenant is in violation or breach of the lease, a notice of 5 days or more must be given. An Ontario Landlord must give reasonable time or notice before the eviction - as per the Commercial Tenancies Act - a 15-day notice is required before the locks can be changed. see below for more details.
Landlords often have to act quickly to exercise their rights under the Commercial Tenancies Act Landlords and should act with proper Legal advice to execute an eviction. A cost effective solution is to hire an Ontario Bailiff professional, to act as your agent in the se complicated and sometimes confrontational issues.
The Ontario Eviction Process and Evictions Laws are carefully administrated by a Appointed or Licensed Bonded Ontario Bailiff. The Tenants Rights in Ontario has to be maintained at all times when evicting a tenant in Ontario. For any additional forms that may be required by a tenant eviction law or eviction form, can be Process Served by a Ontario Bailiff for a small nominal fee.
Enforcement of the Ontario Commercial Tenancies Act is permitted by a Appointed or Licensed Bonded Ontario Bailiff. The Tenants Rights in Ontario has to be observed at all times when evicting a commercial / industrial tenant in Ontario . For Any additional documents that may be required pursuant to Commercial Tenancies Act can be Process Served by a Ontario Bailiff for a small nominal fee,
All Assignments are Pre-Approved by Landlord with Written Statement of Account Charges.
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