Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Your rental agreement is considered a commercial tenancy and LSHC is unable to advise on these matters. Information on renting commercial properties in Ontario can be found by contacting the Ministry’s website – Renting Commercial Property in Ontario at https://www.ontario.ca/page/renting-commercial-property-ontario or by telephone at 416-585-7041 or toll-free TTY at 1-866-220-2290.
I rent a restaurant operated by the tenant that includes a residential area in the rear and above. Is this covered by the Residential Tenancies Act?
Based on your description of the rental unit, it seems that this type of tenancy would be exempt from the Residential Tenancies Act under Section 5(j). Therefore, we recommend that you consult with a lawyer that deals with commercial tenancies.
You can obtain a referral to a lawyer by Law Society Referral Service at www.findlegalhelp.ca.
Unfortunately we cannot provide any advice on this type of situation because it involves a commercial tenancy, LSHC deals with residential tenancies only. It’s best to consult with a lawyer who specializes in commercial tenancies.