Most people have been residential tenants at some point in their lives. In Ontario, in particular, the media has been full of stories about tenants’ rights as well as tenants and landlords from hell. As a result, many people have a good idea what can and cannot happen in residential tenancies.
When people take this information, apply it to commercial tenancies and decide not to hire a lawyer, well, let’s just say, it doesn’t end well.
There is no Landlord and Tenant Tribunal for Commercial Tenancies. If you don’t pay your rent when it is due, on the 16th day after it was due, the Landlord can lock you out and terminate the tenancy.
If, as the tenant, you want the Landlord to carry out repairs in a Commercial Tenancy, you cannot withhold rent: you need to go to Court and have a Court award you money, or terminate the tenancy for you.
If as the tenant, you are in arrears of rent and decide to do a “midnight move”, everyone who helps you move could be personally liable for twice the value of the goods removed pursuant to section 50 of the Commercial Tenancies Act.
The above three things are not the only ways that commercial tenancies differ from residential tenancies. So, if you’re not a lawyer familiar with this area of law, don’t go it alone. Hire a lawyer who knows the law and can help you enforce your rights.
Inga B. Andriessen, Senior Lawyer
Andriessen & Associates, Business Lawyers