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I'm on a month to month commercial rent with no contract. I…

I'm on a month...

I'm on a month to month commercial rent with no contract. I was given a letter from his lawyer demanding rent arrears to be paid on or before March 1st. 2 days after giving me that letter they forced entry and locked me out. Now they are denying me access to the property and holding my belongings and customer property hostage unless full rent arrears are paid in 5 days. What are my rights?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

London Ontario Canada

Lawyer's Assistant: Has anything been filed or reported?

Just a letter from his lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it

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Answered in 1 minute by:
2/17/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,113
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Does the lease deal with their rights if you are in arrears?

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Customer reply replied 4 months ago
There is no contract or lease. It was a verbal agreement but nothing was discussed in regards ***** *****

Then the law is that your landlord can consider the lease as terminated after you have been in arrears for 15 days.

So if you are in arrears for more than these 15 days the landlord can lock you out.

But the law is complex and essentially if he is locking you out and taking the position that the lease is over he cannot use his remedy of distraint and keep all your goods.

If you do not want the lease to be over you should obviously pay the arrears but if you cannot do that then while you can be sued for all you owe the landlord cannot keep your possessions.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
Can he do this without a baillif? Can he demand rent arrears and hold everything inside the building until paid? Also can he deny me access unless I pay the arrears

He does not need a bailiff.

He can lock you out but not keep your things.

Or he can take your things and sell them to get paid back what is owed. This is a self-help remedy. He doesn't need a court order or bailiff but has to follow strict procedures in terms of how to notify you and how to sell.

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Customer reply replied 4 months ago
What about tools or vehicles not belonging to me? Can he keep that?

No he cannot.

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Customer reply replied 4 months ago
His first notice said to pay on or before March 1st. But came back 2 days later and had me locked out is that legal without giving me the time he allowed 2 days prior
Customer reply replied 4 months ago
Can he deny me access to remove anything not belonging to me?
He cannot deny you access to remove your things. He can either treat the lease at an end and give you your things or he can seize your things but he cannot do both.And no it was not lawful for him to give you two days and then change his mind.
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Customer reply replied 4 months ago
I have offered him a payment that is $1500 short of what he is asking for in the notice. He has refused it and refuses to work with me. He is denying me access to remove my customer belongings. He is also asking for his legal fees and cost to change the locks but that was not stated in the lock out notice.

It may be that your only way to deal with him is to retain a lawyer to send him a letter threatening a lawsuit.

I don't see what else you can do.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,113
Experience: Lawyer
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