Evicting A Commercial Tenant in Ontario: What Landlords Must Know

Evicting a commercial tenant in Ontario is more complex than many landlords expect. Unlike residential evictions handled through the Landlord and Tenant Board, commercial evictions go through Superior Court, if litigation is needed, and follow your lease agreement and common law rules.

Yes, but only for valid reasons such as:

• Non-payment of rent or other charges;
• Lease violations like unauthorized alterations, prohibited uses, or illegal subletting;
• Lease expiration when you choose not to renew;
• Illegal activities on the property;
• Property abandonment;
• Building demolition or major renovations.

Your lease agreement determines what grounds you have and what procedures you must follow. A well-drafted lease makes eviction manageable; a vague or outdated lease creates obstacles.

Realistic timelines:

• Minimum: 3-4 months for uncontested cases with perfect procedures;
• Typical: 4-8 months when tenants dispute or complications arise;
• Extended: 8-12+ months for heavily contested evictions.

1. Review your lease carefully to identify termination clauses, notice requirements, and cure periods.
2. Document the breach with tools such as rent ledgers, photographs, witness statements, and communications.
3. Provide proper written notice exactly as your lease requires. Include the specific breach, lease provisions violated, deadline to remedy, and termination date. Delivery method matters: registered mail vs regular mail can make or break your case.
4. Wait out the notice period. Don’t accept rent payments during this time without legal advice, as it may waive your termination rights.
5. File a court claim in Superior Court if the tenant doesn’t leave. You’ll need legal documents, filing fees, and proper service on the tenant.
6. Navigate litigation if the tenant defends. They may claim you breached the lease first, waived termination rights, or their breach wasn’t serious enough. Expect discovery, possible mediation, and potentially trial.
7. Obtain and enforce judgment. After winning, you still need a Writ of Possession and sheriff enforcement to physically remove the tenant.

Need help evicting a commercial tenant? Our civil litigation lawyers represent landlords in lease disputes and eviction proceedings. Contact us at 416.901.9984 or info@pintoshekib.ca.