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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100505
Experience:  Lawyer
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I rented a commercial space in December - the owner would not

Customer Question

I rented a commercial space in December - the owner would not do a lease, it was 500 all inclusive (plus gst). The owner had approx 1/10 of the space filled with their personal belongings which they assured me would be cleared out in December. A few things we taken but not all. January I was told I had to now pay for the two mats in the foyer. Then I would have to pay to have the building locked (it is to be a 24/7 access) when I informed the landlord that it was all inclusive - I was threatened with a rent increase if I did not pay. I sent a letter in May stating the belongings needed to be out as it was frustrating to pay full rent for limited access.... the reply I received in June was an eviction notice to be out July 31. I got the bill for the rent last week and informed the landlord that I would be deducting for storage fees for 8 months. At this point I was told that they weren't charging me for hydro and I would pay the entire amount within 7 days or they would change the locks on the building so I could not access. I run a post office.... is this legal for them to do?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Unfortunately, because you did not pay the full rent, they have a reason to lock you out. If there had been a written lease the situation may have been different. However, I would suggest that your best next step would be to immediately retain a lawyer to send a letter to the landlord threatening a lawsuit for damages should you be locked out. The letter would also explain that it is your position that the landlord is in breach of the tenancy agreement because the rent was to be all inclusive, because you were to have access 24/7 and because the landlord failed to remove your items from your premises. So, if you were to sue for damages you would also sue for a rent abatement because of the items and the failure to give you constant access and you would sue for a refund of what you paid for the matts.

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