When a commercial building sells – whether through normal sale, foreclosure, or mortgage default—business tenants face urgent questions about their rights. This guide focuses on Ontario law under the Commercial Tenancies Act, though similar principles apply in other provinces with different specifics.
New owners fall into two camps. Some want stable, paying tenants to generate immediate cash flow. Others bought a distressed asset at a discount and want to flip the property quickly – which might mean attempts to push out existing tenants or to renovate and then re-tenant at higher rates.
Your job is to figure out which type you’re dealing with – and position yourself as the tenant they want to keep – so you can get back to actually running your business.
Does My Commercial Lease Transfer to the New Owner?
In Ontario, under the Commercial Tenancies Act, your commercial lease survives ownership changes. This means:
- Your existing lease terms remain valid
- Rent cannot increase mid-lease without escalation clauses
- New owners must honor your lease through the end of your term
- Your lease covenants and obligations continue
However, this protection only lasts through your current lease term. When your lease expires, new owners have no obligation to renew – which is why you need to act immediately.
Important: Commercial tenancy laws vary by province. British Columbia, Alberta, and other provinces have different legislation. If you’re outside Ontario, consult a lawyer familiar with your province’s commercial tenancy laws.
Your 48-Hour Action Plan
Build Your Defense File
Before contacting new owners, gather everything proving you’re valuable:
- Lease documentation: Current lease agreement, all amendments, assignment clauses, renewal options, security deposit receipts
- Track record: Payment history showing on-time rent, length of tenancy, improvements you’ve made with receipts
- Business positioning: Overview of your business, local reputation, customer traffic, stability indicators (years operating, employee count)
This is your bargaining position. Stable tenants are worth money to new property owners. Some won’t see it this way though and may try to bully or harass existing tenants. If that’s the case, this file becomes your defence if you need to take legal action.
Be Proactive, Not Reactive
Don’t wait for new owners to contact you. Reach out first with a professional introduction:
“Hi [Name], I’m [Your Name], owner of [Business] in unit [X]. I understand you’ve recently acquired the property. I’ve been a tenant here for [X years] and have maintained a strong payment history. I’d like to introduce myself and learn about your plans for the building.”
This positions you as stable and worth keeping—not as a problem they inherited.
Ask the Right Questions
When you meet, you’re gathering intelligence. Their answers tell you whether to relax or prepare for battle:
- What are your plans for this property?
- Are you honoring all existing commercial leases?
- What’s your timeline for any changes?
- Do you anticipate rent increases at my lease renewal?
- Who handles maintenance and tenant issues going forward?
Listen for specificity. Engaged, detailed answers suggest they want stability. Vague answers about “reviewing all leases” suggest they’re keeping options open to renovict or try to attract different types of tenants when lease terms come due for existing tenants. If you’re receiving vague answers, it’s worth being prepared by looking for other properties in the area.
Can a New Landlord Raise My Rent Immediately?
No—not during your current lease term. New building ownership does not give landlords the right to change your lease terms mid-contract under Ontario’s Commercial Tenancies Act.
Mid-lease rent increases are only allowed if your commercial lease includes specific escalation clauses. Review your lease for annual increase formulas tied to CPI or fixed percentages.
At lease renewal, however, there are no rent increase caps for commercial tenancies in Ontario. New owners can increase rent by any amount – 50%, 100%, even 300%. This is why establishing a good relationship with new owners immediately is critical to your lease renewal negotiation.
Note: Residential tenancies (buildings built pre-2018) have rent increase caps in Ontario. Commercial tenancies do not.
Red Flags: When New Owners Want You Out
Watch For These Warning Signs
If you see multiple red flags, new owners are either testing how much they can push or positioning to push you out. Time to get legal advice about your commercial tenant rights.
Common Questions: Ontario Commercial Tenant Rights When Building Sells
Can new owners kick me out immediately after buying the building?
No. In Ontario, if you have a valid commercial lease, new owners must honour it through the end of your term under the Commercial Tenancies Act. They cannot evict you without legal cause – such as non-payment of rent (after 15 days default) or breach of lease covenants (with proper written notice giving you time to remedy if possible).
Ontario’s Commercial Tenancies Act requires proper legal notice before forfeiture, and the Act provides you with rights to seek court relief. In most cases, eviction requires a court order or formal legal process.
What if my landlord foreclosed or got a vendor take-back notice?
This is urgent and may have different legal rules. Foreclosure and vendor take-back situations can affect your lease protections differently than standard building sales. Contact a commercial real estate lawyer immediately to understand your specific rights.
In the meantime: contact the new owners or lender immediately to confirm your lease status and payment instructions. Don’t stop paying rent – continuing to pay demonstrates you’re a stable tenant and may help protect your lease rights. Document all communications in writing. Act within days, not weeks.
Do I still have to pay my security deposit to the new owner?
Your security deposit should transfer to the new landlord as part of the property sale. However, confirm this transfer in writing with both the old and new landlord. Get documentation showing the new owner received your deposit. If your previous landlord did not transfer your deposit, you may need to pursue them separately while continuing to maintain your lease with the new owner. Never pay your deposit twice – keep records of your original payment.
What are my rights if the new landlord wants to renovate?
New owners cannot force you out mid-lease for renovations unless your lease includes specific clauses allowing this. If they want you to leave before your lease expires, they must negotiate a buyout or wait until your lease term ends. You are under no obligation to accept early termination.
When to Get Legal Help
Consult a commercial real estate lawyer if:
- New owners claim your lease isn’t valid or doesn’t transfer
- They demand rent payments beyond your lease terms
- You’re pressured to sign new lease documents quickly
- They threaten eviction without proper legal notice
- Building conditions deteriorate significantly
Free legal consultation resources by province:
- Ontario: Law Society Referral Service – 1-900-565-4577 (30 minutes free)
- British Columbia: Lawyer Referral Service – 1-800-663-1919
- Alberta: Law Society Referral – 1-800-642-3810
- Your local Business Improvement Area (BIA)
- Commercial tenant advocacy groups
Remember: Under Ontario’s Commercial Tenancies Act, your existing commercial lease generally survives ownership changes. You have more power than you think. Most new landlords want paying tenants, not empty units costing them money.
Document everything. Ask direct questions. Watch for red flags. While business owners don’t have many rights under Commercial Tenancy Acts and Common Law, you DO have leverage, and options in this situation.
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