Evicting a Commercial Tenant in Ontario: What the Law Requires

If you’re a landlord in Ontario dealing with a commercial tenant who has breached their lease, it’s natural to want them out—especially if their conduct is harming your property or business. But before taking any steps to terminate the lease or re-enter the premises, it’s critical to understand what the law requires.

At Round Table Legal Services, we regularly assist landlords throughout Ontario and the GTA with legally enforcing commercial lease provisions while avoiding costly legal missteps. One of the most misunderstood areas? The notice requirements under Ontario’s Commercial Tenancies Act.

The Commercial Tenancies Act: Section 19(2)

Section 19(2) of the Commercial Tenancies Act (CTA) is the cornerstone of lease enforcement for anything other than unpaid rent. It sets out strict requirements that a landlord must meet before they can terminate a lease or assert their right of re-entry.

What the Law Says:

Section 19(2) CTA

A right of re-entry or forfeiture… is not enforceable unless the landlord serves the tenant a notice:

• Specifying the particular breach complained of;
• If the breach is capable of remedy, requiring the tenant to remedy it; and
• Requiring the tenant to make monetary compensation for the breach.

In short, you cannot evict a tenant unless:

1. You put the breach in writing,
2. You clearly say what the tenant needs to do to fix it, and
3. You include a demand for compensation, if applicable.

Why Proper Notice Matters

The purpose of the notice is to warn the tenant that their leasehold interest is at risk and to give them a chance to preserve that interest. The Ontario courts have made it clear: if you skip or mess up this step, your right to evict could be lost—even if the tenant is in serious breach.

In 780046 Ontario Inc. v. Columbus Medical Arts Building Inc. (1994), the court stated that the goal of s. 19(2) is:

“To warn the tenant that its leasehold interest is at risk and to give the tenant an opportunity to preserve that interest by remedying the breaches complained of and, where necessary, by compensating the landlord.”

If your notice is unclear, lacks essential details, or fails to mention compensation, it could be deemed invalid.

The Case Law: Martin v. Mailhot, 2020 ONCA 480

This decision by the Ontario Court of Appeal reinforces how strictly the courts interpret s. 19(2). The Court ruled:

“Where a landlord has suffered damages compensable in money and they fail to include a demand for monetary compensation in their notice of breach, they will be barred from relying on a tenant’s failure to compensate… as a justification for re-entry or forfeiture.”

That means even if you’re right about the breach, you can’t evict the tenant for not paying damages unless you asked for compensation in the notice. Failing to do so strips you of your ability to rely on that breach later.

What Makes a Notice Valid?

For a landlord’s notice to be enforceable, it must be:

• In writing;
• Clear and unambiguous;
• Specific about what the tenant has done wrong;
• Explicit in stating whether the breach can be fixed;
• Firm in stating any monetary compensation required;
• Reasonable in allowing time for the tenant to remedy the issue.

Without all of the above, the tenant may successfully argue that the notice was defective, and the eviction or lease termination may be set aside.

Bottom Line for Landlords

Don’t let a poorly worded notice derail your right to enforce your commercial lease. Before you attempt to evict a tenant for breach—especially if the breach involves something like unpaid utilities, property damage, or improper use of space—you need a properly drafted, legally compliant notice.

Get Help from a Legal Team That Understands Commercial Leasing

At Round Table Legal Services, we know how frustrating tenant breaches can be—and we also know how to help landlords protect their rights while staying compliant with Ontario law.

If you’re dealing with a difficult tenant, don’t go it alone. Reach out to us today and we’ll walk you through every step of the process—from assessing the breach to preparing a legally sound notice, and if necessary, pursuing lawful re-entry.

Contact us now to protect your investment and take the next step with confidence.