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Real Estate

Does a new commercial landlord inherit the right to seize a tenant's goods for unpaid rent in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, yes. Under the Commercial Tenancies Act, a landlord has a remedy called distress, which allows seizing and selling a tenant's goods found on the premises to recover unpaid rent, without needing to go to court first. This is a distinctly commercial remedy — the Residential Tenancies Act, 2006 abolished distress for residential tenancies, but it remains available for commercial premises, and a new owner who takes over as landlord under an existing lease generally inherits the ability to use it.

The nuance is that distress is a technical, formality-heavy remedy with specific rules about what can be seized, how it must be carried out, and what happens if it's done incorrectly. Mishandling it can expose a landlord to a claim from the tenant instead of resolving the arrears. It's also not always the most practical first step; many landlords pursue negotiation, notice, or other lease remedies before resorting to distress, since seizing a tenant's goods can also disrupt a business the landlord may still want operating, and paying rent, going forward.

A new owner inheriting a tenant in arrears should get legal advice on the specific circumstances before acting, since the right to use distress doesn't mean it's always the right tool for the situation.

Key takeaways

  • The Commercial Tenancies Act gives landlords a distress remedy unavailable to residential landlords.
  • A new owner generally inherits this remedy along with the existing lease.
  • Distress has strict procedural requirements, and mishandling it can create liability.
  • Get legal advice before using distress, since other remedies may fit the situation better.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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