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Commercial Tenant

The Commercial Tenancies Act (CTA) applies to tenancies that are exempt from the Residential Tenancies Act (RTA). It may apply even if you use your place only for living space and not for business. For example, the CTA applies to you if the person you rent the place from is a tenant who either lives in the same rental unit as you do, or lives in another unit in the same residential complex.

You have less legal protection under the CTA than you would have under the RTA. For example:

  • if your rent is not fully paid 15 days after it is due, you can be evicted without notice and the landlord can seize your things;
  • for other breaches of your rental agreement (for example, bothering other people, causing damage, etc.) you can be evicted with notice equal to the rental period (usually one week or one month) if you do not correct the breach quickly;
  • your landlord does not have to go to a court or tribunal for permission to evict you.
If your landlord wants to evict you, you can apply to Superior Court (not Small Claims Court) to ask the court to stop the eviction. You would have to have a good reason and be able to prove in court that the breach was not your fault or that you have corrected it. If the landlord has suffered harm from your breach, you may be required to pay the landlord compensation in order for the court to stop the eviction.

NOTE: This area of the law and the court procedure is very complicated. It is not easy to apply to the Superior Court. You should get legal advice from a lawyer or legal clinic. For information on getting legal help, see the Legal Resources section of this web site.

 


Written by: Advocacy Centre for Tenants Ontario (ACTO), Clinic Resource Office, and Community Legal Education Ontario (CLEO), with help from the South-East Clinics' Housing Work Group.

Produced by: Community Legal Education Ontario (CLEO)

With funding from: Legal Aid Ontario

February 2007

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