Protect Commercial Eviction Notice

Aug 6th, 2022
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Simple guide on how to Protect Commercial Eviction Notice

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How to Protect Commercial Eviction Notice

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Michael Leveres from Jewish.com welcomes Steven Universe from Sinai Sky Universe law firm to discuss commercial evictions in New York. After a complete pause during the COVID-19 pandemic, the landlord-tenant courts and the Supreme Court of New York are now operational again. Steven explains that the process of evictions in commercial settings has resumed, marking a significant return to normalcy in the legal landscape. They emphasize the importance of educating their audience on this subject, given the challenges faced during the pandemic and the current status of evictions.

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Unless the lease requires the landlord to give the tenant notice, the landlord may be able to terminate the lease and evict the tenant if the tenant does not pay the rent on time.
THE COMMERCIAL TENANCY ACT The Province of BCs Commercial Tenancy Act includes methods for resolving issues and disputes between you and your landlord. The Commercial Tenancy Act does not provide the same kind of legal or regulatory protection that the Residential Tenancy Act provides.
If the required notice is not specified in the lease, the Commercial Tenancies Act (Ontario) requires 15 days notice for rental bdocHubes. For other bdocHubes, even if the lease says no notice is required, give reasonable notice and time to cure before trying to terminate the lease.
Tenants can sublet or assign the lease unless it is prohibited by the lease. If a fixed-term tenant continues to occupy the rental premises after the landlord has requested they move out, they may be subject to a penalty of two months rent for every month they remain on the premises, plus applicable costs.
A break clause is written into the commercial lease from the outset and allows a Tenant (and even a Landlord) to end a lease early by serving a notice on the other party.
Based on these new changes, many commercial tenancies in Ontario may fall under the second non-enforcement period applies and therefore commercial landlords will not be able to exercise their rights of eviction, re-entry, or distress until April 22, 2022.
Can I evict a tenant if they have bdocHubed the terms of their lease? If your tenants have bdocHubed any terms of the lease, you are required to serve a 146 notice before you can take action to reclaim possession of the property.
Even if the landlord and tenant have opted out of sections 24 to 28 of the Landlord and Tenant Act 1954 (see the next section), it is still safest for the Landlord to give at least 3 months notice (or however much is required by the lease).

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