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5 days ago · R.S.O. 1990, c. S.11, s. 1. Parties may substitute any name or designation. 2. (1) Parties who use any of the forms in the first column of Schedule B, may substitute for the word “lessee” or “lessor” any name or other designation, and in every such case a corresponding substitution shall be taken to be made in the corresponding form in ...
- Background
- Resolving Conflicts
- Commercial Lease Agreements
- Ending A Tenancy
- Late Or Unpaid Rent
- Rent Increases
- Maintenance
- Storage Units
Ontario’s Commercial Tenancies Act (CTA)outlines the relationship, rights and obligations between commercial landlords and tenants. You should be aware that a signed commercial lease agreement with your landlord or tenant may take precedence over the CTA.
The provincial government does not get involved in commercial landlord and tenant disagreements. You should get legal advice to help you understand how the CTAapplies to your specific situation. Legal disputes between commercial landlords and tenants about money or personal property under $35,000 can be brought before Small Claims Court. Otherwise,...
If you rent a space for your business you may choose to enter into a commercial lease agreement with the landlord. A lease is a written contract that helps make sure both the landlord and tenant know what their rental rights and responsibilities are. There is no standard commercial lease because businesses have different needs, but there are some t...
Month-to-month tenancy
In a “month-to-month” tenancy, either the tenant or the landlord must give written notice at least one-month in advance. The last day of the tenancy would be the last day of the month. For example, if you plan to end your lease on November 30, you must give your landlord written notice no later than October 31.
Fixed-term lease
No notice is needed to end a fixed-term lease. The tenant must be out of the rental space on the date outlined in the lease. If the tenant and the landlord would like to continue with the tenancy agreement, they should take steps to renew or amend the lease before it expires. If a tenant wants to terminate their fixed-term lease early, they must pay the rent for the remaining term of the lease agreement unless there is a clause in the lease allowing the tenant to end the lease early. Tenants...
Rules in the lease
A commercial lease can also have rules about ending a tenancy. These rules must be followed, even if they are different from the CTA. For example, tenants must pay the rent for the length of the lease agreement unless they negotiated rules that allow them to end their tenancy early.
When a tenant has failed to pay the rent on time, the landlord has two options available under the CTA. A landlord can change the locks and end the tenancy or seize and sell the tenant’s propertyto cover unpaid rent. They can’t do both.
The CTAdoes not regulate rent increases. Commercial tenancy agreements should specify the amount of rent charged and frequency of rent increases. If there is no tenancy agreement, the landlord can increase the rent by any amount at any time. Landlords should always consider giving a tenant a reasonable notice of a rent increase in writing.
The CTAdoes not set out responsibilities for maintenance. Landlords and tenants should list these responsibilities in the lease agreement and seek legal advice if there is a disagreement over who is responsible for maintenance.
The CTAdoes not cover storage units. The Repair and Storage Liens Act regulates storage units and is administered by the Ministry of Public and Business Service Delivery and Procurement.
Ontario. This Standard Document is a short form commercial lease designed to be a general-purpose lease that is easily adaptable for a number of applications. It is based, in substance and form, on the Dye & Durham Form 650 lease. This Standard Document can be easily adapted for a wide variety of office, retail, and industrial property uses but ...
Nov 24, 2023 · The rules for ending a tenancy depend on whether you have signed a month-to-month or fixed-term commercial lease. For a month-to-month commercial lease, the commercial tenant (or the landlord) must provide one month’s written notice of their intention to end the tenancy under s. 28 of the Commercial Tenancies Act, R.S.O. 1990, c. L.7.
- Types of Commercial Leases and Rent Structure. Legal Aspect: Ontario does not prescribe a standard form for commercial leases. Consequently, various types exist, such as net leases, gross leases, and percentage leases.
- Zoning Laws and Land Use. Legal Aspect: Zoning by-laws are municipal regulations that govern land use. Ensuring the property is zoned for the tenant’s intended use is crucial.
- Repair and Maintenance Obligations. Legal Aspect: Commercial leases often assign repair and maintenance responsibilities differently than residential leases.
- Lease Duration and Termination. Legal Aspect: Commercial leases often have longer terms and may include renewal options. Termination conditions are usually more stringent than in residential leases.
Nov 13, 2023 · The Commercial Tenancies Act in Ontario governs commercial leases and sets out the rights and responsibilities of landlords and tenants. It is important to note that a lease agreement may take precedence over the provisions of the Commercial Tenancies Act. Generally, a lease will cover the following topics: 1) The term of the lease
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Dec 8, 2019 · Effect of altering form of covenant (2) In the case of a lease made under the Short Forms of Leases Act where the words “except for local improvements” are struck out or omitted from the covenant number 3 in Schedule B of that Act, such striking out or omission shall be deemed to be a specific provision otherwise made within the meaning of ...
