Commercial Leasing Lawyers in Ottawa, Ontario
Francis Mehr LLP handles commercial leasing for landlords and tenants in Ottawa and across Ontario, from the offer to lease to a dispute in court. Commercial leasing is a big part of Managing Partner Farhad Mehr's practice, and he acts for both landlords and tenants. We read your lease and the Commercial Tenancies Act together and give you a clear plan for your side of the deal. Book a consultation: (613) 226-1011.
Commercial Leasing Services for Landlords
Leases and offers to lease: drafting and negotiating clear terms, including rent and additional rent, default and cure periods, waiver language and taxes.
Guarantees and indemnities: structuring the security a landlord asks for when the tenant is a company. See personal guarantees in commercial leases.
Tenant default: planning re-entry or distress, and the notice the Act requires for breaches other than rent.
Assignment and sublet requests: responding to consent requests with a record of the request and the reasons for the decision.
Commercial Leasing Services for Tenants
Lease review and negotiation before signing: the terms that matter on your side, from rent to repairs, use and exit. Read more: Commercial lease review in Ottawa
Renewals and amendments: checking what changes and what carries over.
Assignment or sublet when you sell or restructure your business: asking for consent and, if needed, applying to court. Read more: Assigning a commercial lease in Ontario
Lock-outs and relief from forfeiture: advice on your options when a landlord re-enters. Read more: Unpaid commercial rent: Ontario options
Early exit and surrender: options under the lease when the space no longer fits.
Commercial Lease Disputes
When a lease dispute cannot be settled, the Commercial Tenancies Act sends key applications to the Superior Court of Justice: a tenant's own application for relief from forfeiture (section 20(1)), consent to assign or sublet (section 23(2)) and recovering premises from a tenant who stays after the lease ends (section 74(1)). Our commercial litigation team acts for landlords and tenants in negotiation and in court. For background, see how commercial lease disputes arise and our post on force majeure in commercial leases.
The Commercial Tenancies Act in Plain Terms
Unpaid rent (section 18)
Unless the lease says otherwise, a landlord may re-enter if rent is unpaid fifteen days after it was due, even without a formal demand (section 18(1)).
Other breaches need notice (section 19)
For breaches other than rent, re-entry or forfeiture is not enforceable unless the landlord serves a notice specifying the breach, requiring it to be remedied if it can be, and requiring compensation, and the tenant fails to comply within a reasonable time (section 19(2)).
Relief from forfeiture (section 20)
A tenant can apply to the court for relief from re-entry or forfeiture, and the court may grant relief on terms it thinks fit (section 20(1)). The section applies despite any contrary lease term (section 20(6)), with listed exceptions (section 20(7)). Separately, section 98 of the Courts of Justice Act lets a court grant relief against penalties and forfeitures on just terms.
Consent to assign or sublet (section 23)
Where a lease requires consent to assign or sublet, consent is deemed not to be unreasonably withheld unless the lease expressly provides otherwise (section 23(1)). A judge can decide whether consent was unreasonably withheld and permit the assignment or sublease (section 23(2)).
Selling a business with a lease? See our mergers and acquisitions and franchise law services.
Why Work With Francis Mehr LLP on Your Commercial Lease
Both sides of the table: we act for landlords and for tenants, so we know how each side reads a lease.
Lease and litigation under one roof: our real estate and commercial litigation practices work together when a lease turns into a dispute.
Ottawa office: 1390 Clyde Ave, Suite 200, Ottawa.
Plain-language advice grounded in your lease and the statute.
Commercial Leasing FAQs
Can a commercial landlord change the locks for unpaid rent?
Under section 18(1) of the Commercial Tenancies Act, unless the lease says otherwise, a landlord may re-enter if rent remains unpaid for fifteen days after it was due, even without a formal demand. Many leases set their own notice or cure terms, so check the lease first.
Does a landlord need to give notice for other breaches?
Yes. Under section 19(2), a right of re-entry or forfeiture for a breach other than non-payment of rent is not enforceable unless the landlord serves a notice specifying the breach, requiring it to be remedied if it can be, and requiring compensation, and the tenant fails to comply within a reasonable time.
I'm a tenant who was locked out. What can I do?
Under section 20(1), a tenant can apply for relief from re-entry or forfeiture, in the landlord's action or in its own action or application in the Superior Court of Justice, and the court may grant relief on terms. In a proceeding to enforce re-entry or forfeiture for unpaid rent, paying all arrears and the costs of the proceeding into court before judgment stays the proceeding (section 20(4)). Section 20 applies despite any contrary lease term, with exceptions such as covenants against assigning (section 20(7)). Act quickly.
Can my landlord refuse to let me assign or sublet?
If the lease requires consent, section 23(1) deems that consent not to be unreasonably withheld unless the lease expressly provides otherwise. Under section 23(2), the tenant, assignee or subtenant can apply to a Superior Court judge, and an order permitting the assignment or sublease is the equivalent of consent. Under section 24, a consent covers only what it authorizes.
Can a landlord seize my business property?
The Act allows distress, a landlord's seizure of a tenant's goods for unpaid rent, within limits. Goods exempt from seizure under execution are not liable to distress, except as the Act provides (section 30(1)), and distress after a lease ends must be made within six months, with conditions (section 41). Ontario government guidance says a landlord can end the tenancy or seize and sell the tenant's property, but cannot do both.
Do I have to give a personal guarantee? Is it enforceable?
Whether anyone signs a guarantee is a negotiated term. Under section 4 of the Statute of Frauds, no action can be brought on a promise to answer for another person's debt or default unless the agreement, or a memorandum or note of it, is in writing and signed by the person to be charged or someone lawfully authorized by them. Meeting that rule does not by itself make a guarantee enforceable for any particular amount; that depends on its wording and the facts, so have it reviewed.
Who pays local improvement taxes?
Under section 27(1), unless a lease made after September 1, 1897 specifically provides otherwise, a tenant's covenant to pay taxes does not include taxes assessed for local improvements.
Does accepting late rent waive the breach?
Section 26 says that an actual waiver of a covenant in one instance does not extend to any other breach and is not a general waiver, unless an intention to that effect appears. How that applies to accepting rent depends on the lease and the facts.
Can I end my commercial lease early?
It depends on the lease: for example, an exit clause, a negotiated surrender or an assignment. Review the lease before you stop paying or move out.
Whether you're a landlord or a tenant, book a consultation
Francis Mehr LLP handles commercial lease matters for landlords and tenants in Ottawa and across Ontario. Book a consultation: call (613) 226-1011 or contact us.
Written by the lawyers of Francis Mehr LLP. Updated October 30, 2026. This post is general information about Ontario law as of that date, not legal advice. Every lease and every dispute turns on its own wording and facts; get advice on your situation before you act.