Commercial Lockouts

Pursuant to the Commercial Tenancies Act RSO 1990, Commercial Landlords generally have two options: either the landlords right to Terminate the Lease or to exercise the landlords right to Distress. (also called DISTRAINT). Here we will discuss Termination please refer to the page Landlord Distraint for further information.

It should be noted that for every tenant the specific terms of the commercial lease must be considered. Even without a signed lease in place a landlord may, in some circumstances, still exercise the right to terminate. Napier Bailiffs, having been duly appointed by the Ontario Government since 1963, has the authority to act for the landlord and expertise to consult with you on an individual tenant basis.

Termination: when a Landlord deems it necessary to take back their premises for non payment of rent or breech of covenant (specific conditions imposed by the lease) he retains a bailiff to deal directly with the tenant. Terminating the lease does not in any way limit the landlord from collecting the rent arrears. In many circumstances the bailiff can negotiate an agreement that will recover the rent as well as return the rental property to the landlord.

To effect a Termination the tenant must be:

a) MINIMUM 15 DAYS in arrears with their rent or portion of rent.
and / or
b) having received prior notice of the breech of covenant, refused to rectify the breech. (i.e. using premises for purpose other than permitted in lease).

The bailiff acting as agent of the landlord will serve notice, change the locks and oversee the removal of all tenantsí goods and return the premises to the landlord as quickly as possible.

Call us to determine if your circumstances warrant a Termination or Landlord'ís Distress.