Finding The "Good" In Goodbye: How To End A Commercial Tenancy

So your tenant is late paying the rent – again. Only this time, you've reached your limit and you want to terminate the lease. In Ontario, commercial landlords are in the enviable position of not needing to obtain a court order to repossess their premises (re-enter in legal speak) and terminate the lease. The Commercial Tenancies Act gives us the right to do so, without the intervention of the court, provided we follow certain required steps.

STEP 1 – Ensure that you have not waived your rights

If the tenant has persistently paid its rent late, and you have accepted late payment, you may have waived your right to require strict performance of the tenant's obligation to pay the rent on the first of the month. Likewise, if the tenant habitually fails to remain open for business during the operating hours of the mall despite its promise in the lease to the contrary, you may by your conduct be found to have acquiesced in this default or waived your right to strictly