Under Ontario’s Commercial Tenancies Act, a landlord can legally evict a commercial tenant without a court order simply by changing the locks, provided the rent is unpaid for 15 days. However, you cannot seize the tenant’s property for unpaid rent if you choose to terminate the lease.
Renting out commercial space in Ottawa can be a lucrative investment, but dealing with a tenant who stops paying rent is a massive source of stress 😞. Whether your property is a retail storefront in the ByWard Market, an office space in Centretown, or an industrial warehouse in Kanata, unpaid rent directly impacts your bottom line. Unlike residential evictions, which require navigating the heavily backlogged Landlord and Tenant Board, commercial evictions in Ontario are significantly faster and give landlords much more power.
In Ontario, the rules are governed by the Commercial Tenancies Act (CTA). This legislation allows commercial landlords to perform a “self-help” eviction, meaning you can take back possession of your property without ever stepping foot inside a courtroom or getting a judge’s order. However, making even a small procedural mistake can lead to the tenant suing you for wrongful eviction and damages to their business. Because of this high risk, we strongly advise connecting with an experienced commercial real estate lawyer from our directory before taking any drastic steps.
Step-by-Step Process in Ottawa, Ontario
Evicting a commercial tenant by changing the locks (officially called “forfeiture of the lease”) requires strict adherence to mandatory timelines 📋. Here is the general process a landlord must follow in Ottawa.
Step 1: Wait the Mandatory 15-Day Grace Period
If the tenant fails to pay rent on the day it is due, you cannot change the locks immediately. By law, you must wait exactly 15 days after the rent was due. For example, if rent is due on March 1st, the 15-day period ends on March 16th. On the 16th day (March 17th), the landlord finally has the legal right to re-enter the premises and change the locks.
Step 2: Choose Your Remedy Carefully
Before you act, you must make a critical legal choice 🤔. Under Ontario law, you cannot terminate the lease (evict) AND seize the tenant’s property to pay off the rent arrears (distress). These are mutually exclusive remedies. If your goal is simply to get a non-paying tenant out so you can find a new one, terminating the lease by changing the locks is usually the preferred option.
Step 3: Hire a Private Bailiff
While the law allows you to change the locks yourself, it is highly recommended to hire a professional commercial bailiff in Ottawa. A bailiff is an independent third party who understands the exact legal procedures. They will visit the property, usually early in the morning or after hours to avoid a public scene, change the locks, and post a formal “Notice of Termination” on the front door. This notice clearly states that the lease has been forfeited due to non-payment of rent.
Step 4: Allow Access for Property Removal
Once the locks are changed, the lease is officially over. However, the equipment, inventory, and furniture inside still belong to the tenant 📦. You must give the tenant a reasonable opportunity to collect their personal property. Usually, the landlord or the bailiff will arrange a specific, supervised time for the tenant to come with a moving truck to clear out their belongings.
How Much Does it Cost in Ottawa?
Evicting a commercial tenant without a court order saves you thousands of dollars in litigation fees, but it is not entirely free. Here are the typical costs you can expect as of March 2026:
- Bailiff Fees: Hiring a private commercial bailiff in Ottawa to execute the lock-out and post the notices typically costs between $500 and $1,500 CAD, depending on the time of day and the complexity of the situation.
- Locksmith Fees: The bailiff will usually bring a commercial locksmith to change the physical locks or reprogram the keycard system, which adds roughly $150 to $400 CAD to the bill.
- Law Firm Fees: Having a commercial real estate lawyer review your lease and draft the official Notice of Termination generally costs between $500 and $1,500 CAD.
| Service Needed | Estimated Cost (CAD) | Who Pays Upfront? |
|---|---|---|
| Commercial Bailiff | $500 – $1,500 | Landlord |
| Locksmith | $150 – $400 | Landlord |
| Legal Lease Review | $500 – $1,500 | Landlord |
How Long Does the Process Take?
The fastest a commercial eviction for unpaid rent can happen is 16 days from the date the rent was originally due. The actual physical lock-out by the bailiff takes only 1 to 2 hours. After the lock-out, you typically give the tenant a short window, such as 3 to 5 days, to safely remove their belongings before you begin preparing the space for a new tenant ⌛.
Frequently Asked Questions (FAQ)
Do I have to give the tenant a written warning before changing the locks?
For unpaid rent, no prior written warning is strictly required by the Commercial Tenancies Act after the 15-day grace period has passed. However, if you are evicting them for breaking a different rule (like unauthorized renovations), you must provide written notice and a reasonable chance to fix the issue first.
Can I keep their equipment to cover the unpaid rent?
No. If you terminate the lease by changing the locks, you forfeit the right to seize their property (distress) for rent arrears. You must let them take their belongings. You can, however, sue them later in court for the unpaid rent.
What happens if the tenant breaks back in?
If a tenant breaks into the property after a legal lock-out, they are committing a criminal offence (Break and Enter). You should immediately contact the Ottawa Police Service. Do not attempt to physically remove them yourself.
Can the tenant take me to court to get back in?
Yes. A tenant can apply to the Superior Court of Justice for “relief from forfeiture.” If they can immediately pay all the rent arrears, your legal costs, and prove they will be a good tenant moving forward, a judge might force you to let them back into the property.
Can I shut off the utilities instead of changing the locks?
No. Intentionally cutting off power, water, or heat to force a tenant out is highly illegal and opens you up to massive financial liability for any damage their business suffers as a result. You must follow the legal lock-out procedure.
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