Tenants and landlords have a long-standing relationship, but sometimes it can be hard to understand the legal process. This article will teach you what your rights are as a landlord and how to evict a commercial tenant.
This article will cover the following topics:
- What is a commercial tenancy?
- What are the advantages of being a landlord?
- How do people who rent apartments structure their leases?
- The different types of tenancies that exist in Canada and how they differ from each other...
in Canada
Tenancy in Canada comes in many forms. The "tenant" is the person living on the property, and the "landlord" is the one who owns the property. Each type of tenancy has its own legal definitions, responsibilities, and rights for both parties.
The most common types of tenancies are: a) Tenancies at Will; b) Tenancies from Year to Year (or Month to Month); c) Tenancies from Life; d) Tenancies from Death; and e) Tenancies for a Term of Years.
There are also different kinds of leases that can be used for tenancies as well as other types of contracts. These include: lease options, leasing agreements, rentals, and subleases.
The landlord-tenant relationship is often a contentious one—the tenant doesn’t always know what their rights are, and the landlord doesn’t always know what their obligations are. This article will teach you your rights as a landlord and how to evict a commercial tenant.
First, let’s take a look at what is a commercial tenancy. A commercial tenancy is any legally recognized form of business or non-profit organization that rents space from a landlord. Commercial tenancies can range from small residential buildings with two units to large employers leasing entire floor spaces in office buildings.
Advantages of being a landlord include:
- The ability to create an atmosphere that best suits your tenants and the customers they serve
- The potential for more income through rent increases based on inflation
- The ability to set rents that are not tied to local market conditions
- The right to refuse service to tenants who violate the terms of their tenancy agreement, even if this means losing revenue
There are two ways to evict a commercial tenant:
- By terminating the commercial tenancy agreement. This can be done by providing the tenant with an unconditional quit notice.
- By obtaining an order of possession from the landlord and tenant board. This involves first obtaining a summons and then filing at the court for an eviction order.
The process of evicting a commercial tenant will depend on the type of tenancy. If the landlord is in possession of the premises and the tenant has vacated, then the landlord must obtain a warrant before they can enter to remove personal property and documents.
If there is no lease agreement, then the landlord may only be able to evict a tenant if they entered into an agreement with that person or after two months of non-payment. To do so, you will need to serve your notice directly to them by mail or give them two months’ notice verbally. If those methods are unsuccessful, then you will have to get a warrant from either the Provincial Court or Justice of the Peace for eviction.
If you are dealing with tenants who are protected under human rights legislation, then you won't be able to evict them without going through these steps first.
The different types of tenancies that exist in Canada and how they differ from each other
Landlords have a variety of rights with regards to their tenants. They can offer shorter leases, increase rent, and evict tenants if necessary. Commercial tenancy law is different than residential tenancy law, but it still has the same advantages for landlords. Here's some quick information about commercial tenancy law:
- Tenants are protected by the Residential Tenancies Act in Ontario when they're renting a commercial space.
- Commercial tenancies can be terminated by landlords following a reasonable notice period.
- An eviction notice must be served at least one month before the termination date.
Evicting your tenant is an important part of managing your business, so make sure you do it the right way!
The responsibility for commercial properties falls to the landlord, who may evict tenants for a variety of reasons. The goal is to evict tenants in a way that adheres to the law and leaves the property in good condition. Landlords can evict commercial tenants for a variety of reasons, but the most common reasons are to sell the property or for non-payment of rent.
