Legal Note: The materials contained herein are not intended to, and do not constitute legal advice.
commercial lockout Ancaster Ontario tenant eviction Ancaster Ontario

Ancaster Ontario Commercial Landlord Rights
Commercial/Industrial Tenancies

Tenant not paying rent?
Termination of Lease & Rental Agreement
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Ancaster Ontario Tenant Eviction Bailiff Ancaster Ontario - Tenant Notice Eviction Notice Commercial Lease, Change the locks

WHEN Tenants Don't PAY THE RENT.

 

Ancaster 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 Ancaster Ontario. Ancaster 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 Ancaster 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.

Ancaster 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 Ancaster 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 Ancaster 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.

The time period can be important for both the Landlord and the Tenant: since failing to correct the matter within the short time can result in eviction for the Tenant and or the Financial loss of the Landlord's business. Particularly for those Landlords who don't read their own leases, they may start an eviction without proper notice, too soon, or thinking they can 'Hold the Tenants Goods as Hostage'.

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 Ancaster Ontario Bailiff professional, to act as your agent in the se complicated and sometimes confrontational issues.

Commercial Landlords: Rights and Obligations
- Landlords must notify tenants in writing of specific breaches of the lease and allow a reasonable period of time for them to comply before terminating the lease.
- Landlords may have the right to terminate a tenancy when tenants fail to fulfil their obligations as outlined in the lease.
- Landlords have the right to apply to the Superior Court of Justice (or depending on the amount, Small Claims Court) to seek damages from the tenant for arrears amounts, costs of re-claiming their property as well as future unpaid amounts during the term of the lease.

Commercial Tenants: Rights and Obligations
- Tenants must pay their rent on the date agreed in the lease - Tenants cannot hold back rent because a Landlord has failed to fulfill their obligations as outlined in the lease.
- Tenants have the right to take their disputes with the Landlord to Small Claims Court for disputes concerning money or personal property under $25,000. Otherwise, an application must be made to the Superior Court of Justice.

The Ancaster Ontario Eviction Process and Evictions Laws are carefully administrated by a Appointed or Licensed Bonded Ancaster Ontario Bailiff. The Tenants Rights in Ancaster Ontario has to be maintained at all times when evicting a tenant in Ancaster Ontario. For any additional forms that may be required by a tenant eviction law or eviction form, can be Process Served by a Ancaster Ontario Bailiff for a small nominal fee.
see our Pricing Page for more details

Enforcement of the Ancaster Ontario Commercial Tenancies Act is permitted by a Appointed or Licensed Bonded Ancaster Ontario Bailiff. The Tenants Rights in Ancaster Ontario has to be observed at all times when evicting a commercial / industrial tenant in Ancaster Ontario . For Any additional documents that may be required pursuant to Commercial Tenancies Act can be Process Served by a Ancaster Ontario Bailiff for a small nominal fee,
see our Pricing Page for more details

A landlord can hire a Bailiff to change the locks of the unit and evict on the 16th day after the day rent was due.

The Landlord is not obligated to notify the tenant that the locks will be changed.

Example: January 1st - rent due

January 17th - locks can be changed without notification


VERY IMPORTANT LEGAL NOTE

. Landlords and/or tenants should not force their way into the premises.

. After the locks have been changed, Landlords should allow tenants reasonable access to the rental unit to remove their property.

All Assignments are Pre-Approved by Landlord with Written Statement of Account Charges.
(Documents and invoices are transparent to client. We do not markup the costs/disbursements, you get an original copy of the bills and invoices)
Warrant : Includes Written Inventory; Photos of Posted Notice, Reports, Video/Pictures of ALL Inventory/Assets Bailiff Affidavit Report and Witness Statements.
Optional Remote Video Camera views via your Blackberry or Smart Phone / Email by Secured Website.
- $95.00 if pre-booked 1 business day prior to Execution of Warrants and Availability Local Bailiff
* Addition Costs: Locksmith Charges, & HST (Rate also contingent of Full Disclosure from client.)

WEBSITE SPECIAL: We are 1st in the Industry to offer this.
Mention this ad, and WE PAY FOR YOUR 2ND ACCREDITED PERSONAL PROPERTY APPRAISAL. Up to a $750.00 VALUE!

UNDER Ancaster Ontario LAW: Eviction / Lockout FAQ's
TOP 8 Questions Asked

Ancaster Ontario Commercial - Industrial Tenant Lockout


1) Can a tenant hold back rent if a landlord has not met the lease obligations?

No, this would put a tenant in a position to be evicted. A tenant may apply to court if a landlord fails to meet obligations.


2) What do you do if you the landlord changed the locks yourself? what is next?

If you are a Ancaster Ontario Landlord and have executed your own Tenant Lockout, you may need to speak to a Paralegal or Lawyer. It is imperative to properly notify all parties and post Notice to anyone having interest in the Tenant's belongings. You will eventually have to obtain 2 - Certified and Accredited Personal Property Appraisals - before you can liquidate the goods left behind from the Tenant. You must give sufficient time for the Tenant to remove their belongings.


3) How does a landlord change the locks to evict a tenant if the tenant is always in the unit?

A landlord may choose to hire a Ancaster Ontario Bailiff for assistance; they are private companies and are generally listed in the Yellow Pages or


4) Can a landlord evict if the tenant has breached their obligations in the lease?

A breach of the lease by a tenant may be grounds to evict. The landlord should consult a lawyer or apply to the Superior Count of Justice to have a judge decide if the tenant has breached the lease, and if so, to have the lease terminated and the tenant evicted.

 

5) If a lease allows the landlord to evict if the lease is breached, what does the landlord have to do to proceed with the eviction?

The landlord must serve a notice of forfeiture and a reasonable amount of time must be provided for the tenant to vacate the unit.

 

6) Can a landlord evict a tenant from a commercial unit if the tenant is living in the rental space?

It depends upon the facts. If there is any question about whether the tenancy is residential or commercial, the Landlord and Tenant Board will hold a hearing and make a decision. Either the landlord or the tenant may apply to the Board. The Board can be reached at: 416.645.8080 or 1.888.332.3234.

At the hearing, the Board will consider the terms of the lease as well as look at all the circumstances. For example, despite what is in the lease, the landlord may have consented to a residential arrangement or encouraged the tenant to use the premises for residential purposes. If so, the landlord may be bound by the provisions of the Residential Tenancies Act, 2006. However, a tenant may be living in a commercial space with a commercial lease in contravention of the terms of the lease or in contravention of city by-laws or other applicable laws, without the landlord's knowledge or consent. In this case, the landlord would likely be able to pursue the remedies available under the Commercial Tenancies Act or applicable common law.

 

7) Can a tenant be evicted for illegal activities within a rental unit?

If a tenant is breaking the rules of the lease, the landlord can serve a notice of forfeiture demanding that the illegal activities stop. The length of time for the tenant to fix the problem should be based on the seriousness of the breach: immediate eviction may be appropriate for serious problems. Landlords may apply to the Superior Court of Justice for an order ending the tenancy, and a "writ of possession" to evict the tenant. If the lease does not prohibit illegal activities then the landlord may have no recourse, except for informing the police. Landlords should talk to a lawyer to evaluate their options.

 

8) Can installed fixtures be removed when a tenant moves out of a unit?

Fixtures that are attached to the unit, regardless of who installed them, must stay with the property unless there is an agreement otherwise. Items of personal property that are movable can generally be removed from the property. If there is a dispute, it can be resolved in Small Claims Court for items worth $25,000 or less and in the Superior Court of Justice for amounts that exceed $25,000. Fixtures are not detailed in the Commercial Tenancies Act. Whether items are fixtures and how they are to be dealt with have been established through the courts. Each case must be decided on its own merits. Legal advice should be sought.

NEED A LANDLORD'S NOTICE OF FORFEITURE SERVED?


We can provide FREE Consultations to Landlords; draft Notices and provide Process Serving for Notices for Ancaster Ontario; Tenant Eviction by a Bailiff in Ancaster Ontario, Tenant Notice Eviction of Forfeiture, Notice of Default Commercial Lease, Change the locks when Tenants not pay their rent.

Ancaster Ontario Commercial / Industrial Lockouts / Tenant Eviction:

Ancaster, Ancaster Ontario 'Landlord Rights' - The Commercial Tenancies Act R.S.O. 1990


COMMERCIAL TENANT LOCKOUT / TENANT EVICTION CHARGES:
Administration Fee of $95.00+
FLAT FEES AVAILABLE - BAILIFF CHARGES in Ancaster -
For Tenant Terminations / Lockouts
- Will Include Photo Inventory & Bailiff Reports
+ Plus Locksmith Charges + Some conditions apply -
Call for further details.

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Ancaster Ontario

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commercial lockout termination tenant eviction Ancaster Ontario ancaster

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