District of Columbia Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease

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Multi-State
Control #:
US-00871BG
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This form is a complaint or petition to enforce a lien for rent that is past due and may be referred to when preparing such a complaint for your particular state.
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FAQ

A landlord may not enter the rental unit without notice to perform repairs even where the tenant has requested the repairs unless the landlord obtains the tenant's consent to enter the unit at the time the landlord goes to the unit to make the repairs.

(e) A landlord may remove and store any property of a tenant that remains on premises that are abandoned. In addition to the landlord's other rights, the landlord may dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored.

If the landlord is entering illegally If the problem continues, a tenant may also complain to the Rental Housing Enforcement Unit of the Ontario Ministry of Municipal Affairs and Housing, and may also apply to the Landlord and Tenant Board for an order to stop the illegal entry.

Eviction for non-payment of rent If a tenant fails to pay rent, a landlord has two options under the Commercial Tenancies Act. First, the landlord is entitled to ?re-enter? the premises, which usually includes changing the locks and preventing the tenant from using the premises any longer.

Section 58 of the Commercial Tenancies Act (Ontario) provides that, when a tenant willfully holds over, the rent shall be 200% of the rate set out in the lease. Despite this, landlords and tenants will often negotiate a lesser rate, typically 115 to 150% of the rate set out in the lease.

Commercial tenants may have the protection of the Landlord and Tenant Act 1954. The Act grants Security of Tenure to tenants who occupy premises for business purposes. The tenancy will continue after the contractual termination date until it is ended in one of the ways specified by the Act.

A commercial landlord is responsible for all the fixtures and fittings they own and these must be safely installed and maintained properly. The tenant is responsible for the safety and maintenance of any fixtures and fittings they have installed, and that should be clear in the lease.

Ontario's Commercial Tenancies Act is one of the most important statutes to consider in commercial leasing. It outlines tenants' and landlords' rights, responsibilities, and obligations, covering essential aspects such as rent, lease terms, security deposits, maintenance, repairs, and dispute resolution.

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District of Columbia Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease