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[[Category:Eviction (Commercial Tenancy)]] [[Category:Contract Law, Leases, & Sub-Letting (Commercial Tenancy)]] ==911 Priority Corporation v. Murray, 2019 ONSC 3585 (CanLII)<ref name="Murray"/>== [33] If rent remains unpaid for over 15 days, unless otherwise agreed, a landlord may lawfully re-enter and take possession without any formal demand for payment. (See: Commercial Tenancies Act, R.S.O. 1990, c. L.7. s. 18(1) - (the Act)) [34] “Otherwise agreed” means the landlord and tenant agreed to a termination provision in the lease that is different from the statutory provision, such as written notice and a period to cure the default. (See: <i>772067 Ontario Ltd. v. Victoria Strong Manufacturing Corp., [2017] O.J. No. 2719, aff’d on other grounds 2018 ONCA 36</i>ref name="772067-Ontario"/>) <b><u>[35] A landlord who re-enters premises before the expiration of a notice period prescribed by a lease agreement enters the premises unlawfully and wrongfully terminates the lease.</b></u> (See: <i>Buck or Two Properties Inc. v. 1281632 Ontario Limited, 2007 CanLII 54077 at para 9</i><ref name="Buck or Two"/>) [36] A landlord and tenant can contract out of the waiver provisions of the Act. If they do so, a landlord’s acceptance of rent after notice to a tenant of breach does not constitute a waiver. (See: Kiryat Developments Inc. v. O’Brien’s Restaurants Inc., 1987 CarswellOnt 2243 at paras. 21 to 22) [40] A storer has a lien against an article that it has stored for the fair value of the storage. (See: Repair and Storage Lien Act, R.S.O. 1990, c.R.25 s. 4(1) – (the RSLA) [41] A storer is defined in the RSLA as “a person who receives an article for storage…on the understanding that the person will be paid for the storage.” [42] <b>Where a landlord properly terminated a lease <u>that stated the landlord could claim for charges</u>, the landlord was entitled to storage costs of a tenant’s goods.</b> (See: Globe Convestra Ltd. v. Vucetic, 1990 CarswellOnt 582 para 28) <ref name="Murray">911 Priority Corporation v. Murray, 2019 ONSC 3585 (CanLII), <http://canlii.ca/t/j0w1v>, retrieved on 2020-07-28</ref> <ref name="772067-Ontario">772067 Ontario Limited v. Victoria Strong Manufacturing Corporation, 2018 ONCA 36 (CanLII), <http://canlii.ca/t/hpsjk>, retrieved on 2020-07-28</ref> <ref name="Buck or Two">Buck or Two Properties Inc. v. 1281632 Ontario Limited, 2007 CanLII 54077 (ON SC), <http://canlii.ca/t/1v5cz>, retrieved on 2020-07-28</ref> ==772067 Ontario Limited v Victoria Strong Manufacturing, 2017 ONSC 2719 (CanLII)<ref name="772067 Ontario"/>== <ref name="772067 Ontario">772067 Ontario Limited v Victoria Strong Manufacturing, 2017 ONSC 2719 (CanLII), <http://canlii.ca/t/h3j4z>, retrieved on 2020-08-06</ref> ==References==

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