In Brampton, you can legally evict a commercial tenant without a court order by exercising your right of forfeiture. Under Ontario law, if the rent is unpaid for 15 days, you can hire a commercial bailiff to change the locks on the 16th day and post a Notice of Termination on the door.
One of the most powerful tools available to a commercial landlord in Ontario is the ability to evict a defaulting tenant quickly, without ever stepping foot inside a courtroom. Unlike residential landlords who must wait months for a tribunal hearing, commercial landlords in Brampton can use a process called “forfeiture by physical re-entry.”
However, this self-help remedy carries significant legal risks. If you change the locks one day too early, or if you fail to provide the proper notice stipulated in your lease agreement, it is considered an illegal eviction. The tenant can immediately apply to the Superior Court of Justice to be let back in and can sue you for all the revenue they lost while locked out. Doing it right the first time is absolutely critical.
Step-by-Step Process for Commercial Eviction in Brampton
Evicting a commercial tenant for non-payment of rent requires precision. The Ontario Commercial Tenancies Act sets strict baseline rules, but your specific lease agreement will always dictate the exact mechanics of the eviction.
Step 1: Confirm the 15-Day Default Period
Unless your specific commercial lease states otherwise, provincial law requires you to wait until the rent is unpaid for a full 15 days. For example, if rent is due on the 1st of the month, the 15-day period ends on the 15th. You acquire the legal right to re-enter and change the locks on the morning of the 16th day.
Step 2: Hire a Licensed Commercial Bailiff
While landlords technically have the right to change the locks themselves, doing so is highly discouraged. You should hire a licensed commercial bailiff operating in the Peel Region. A bailiff acts as an objective third party, understands exactly how to avoid a breach of the peace, and shields you from direct confrontation with a hostile tenant.
Step 3: Execute the Lock Change
Usually acting after business hours or early in the morning, the bailiff will attend the property in Brampton, hire a locksmith to change the exterior locks, and secure the premises. At this exact moment, the lease is officially terminated.
Step 4: Post the Notice of Forfeiture
The bailiff will post a formal Notice of Termination (or Notice of Forfeiture) clearly on the front door of the business. This legal document informs the tenant that the lease has been cancelled due to non-payment of rent and provides instructions on how they can arrange to pick up their personal property and business inventory left inside.
Comparing Forfeiture vs. Distraint Rules
| Action | Rule for Forfeiture (Eviction) | Rule for Distraint (Seizing Goods) |
|---|---|---|
| Status of the Lease | Lease is permanently terminated | Lease remains active |
| Tenant’s Inventory Inside | Belongs to tenant; must be returned | Seized by landlord; can be auctioned |
| When to Execute | On the 16th day of default | Often the day after default |
How Much Does a Commercial Eviction Cost?
Executing an eviction without a court order saves you thousands of dollars in litigation fees, but it is not entirely free. In Brampton, landlords should anticipate the following estimated costs:
- Lawyer Lease Review: $300 to $600 CAD. A law firm should review the default clauses to ensure you are legally clear to act.
- Commercial Bailiff Fees: Generally $500 to $1,500 CAD, which includes their attendance time and the drafting of the formal notices.
- Locksmith Fees: $150 to $300 CAD depending on the number of commercial doors and the complexity of the lock systems.
- Storage Costs: If the tenant leaves equipment behind, you cannot throw it out immediately. You may incur temporary storage costs while acting as a bailee of their goods.
How Long Does the Process Take?
The physical act of eviction is incredibly fast. Once the 15-day waiting period has elapsed, the bailiff can secure the property within an hour. However, be aware that under Ontario law, a tenant has a narrow window to file an application for “relief from forfeiture.” If they rush to a judge in Brampton and offer to pay all rent arrears and your legal costs, the court may order you to let them back into the building. ⏱️
Frequently Asked Questions (FAQ)
Can I keep the tenant’s inventory to pay off the rent?
No. If you choose to terminate the lease (evict), you forfeit your right to seize their goods (distraint). The items left inside still belong to the tenant, and you must give them reasonable access to remove their property.
What if the tenant breaks a window to get back in?
Once the Notice of Forfeiture is posted and locks are changed, the property belongs entirely to the landlord. If the tenant breaks in, they are committing the criminal offence of Break and Enter, and you should call Peel Regional Police immediately.
Can I evict them for things other than unpaid rent?
Yes, but the process is different. If they breached another lease condition (like causing damage or illegal subletting), you must serve a formal Notice of Default first, giving them a reasonable time to fix the issue before you can change the locks.
Do I need a court order if the tenant refuses to leave?
If the tenant physically occupies the space 24/7 and a bailiff cannot change the locks peacefully, you cannot use physical force. In that rare case, your law firm must apply to the Superior Court for a Writ of Possession.
Leave a Reply