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How to Save Commercial Eviction Notice in PPR

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In this video, landlord attorney Ernie Garcia addresses common mistakes landlords make regarding the delivery of eviction notices. He emphasizes that even if the notice to vacate is correctly written, improper delivery can lead to challenges in court. Garcia points out that tenants are becoming more knowledgeable about their rights and often appear with legal counsel, who will question the delivery method. If a landlord's delivery method is found to be incorrect, the court may deny the eviction petition, forcing the landlord to restart the process. He plans to provide helpful advice and examples to prevent these issues in the future.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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How much notice does a landlord have to give a commercial tenant?

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).

Can I evict a commercial tenant now?

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.

Can a landlord terminate a commercial lease in Ontario?

The applicable notice period is normally set out in the lease itself. Notice periods may be different for monetary and non-monetary defaults. Where a lease does not specify the notice period, the Commercial Tenancies Act allows a landlord to terminate a lease if rent has not been paid for more than 15 days.

Can you evict a commercial tenant in Ontario?

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.

Is the commercial eviction ban extended in Ontario?

Currently, the ban on evictions applies until April 30, 2022 at the latest. No landlord may exercise an eviction order to any tenant approved to receive CERS. Tenants who produce proof of CERS approval are protected for up to 12 weeks following approval.

Can you evict a commercial tenant in BC?

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.

Is there a commercial eviction ban in Ontario 2022?

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.

How much notice does a commercial landlord have to give in Ontario?

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.

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