Commercial leases... Nirvana for a lawyer | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Commercial lease > Commercial leases... Nirvana for a lawyer

Commercial leases... Nirvana for a lawyer

Commercial leases allow both developers and lawyers to unleash their imagination, and in some cases, even go to the point of delirium.

Commercial leases allow both developers and lawyers to unleash their imagination, sometimes to the point of delirium. Many tenants, unaware of the legal consequences of their actions, neglect to seek advice before signing their leases.

For instance, a tenant, a few months after renting an industrial space, asks the landlord to repair the leased premises' roof after noticing some water leaks. The landlord carries out the necessary repairs. Referring to the duly signed lease, the landlord subsequently demands $125,000 from the tenant as additional rent. The tenant refuses to pay and claims that, upon taking possession of the building, "the roof had hidden defects for which only the owner is responsible."

Although the Court confirms that under the Civil Code of Quebec, the owner's obligation is now one of result and that they are required to deliver the leased property to the tenant in a good state of repair of all kinds and to provide peaceful enjoyment throughout the lease term, it sides with the Landlord. These provisions are not of public order, and the landlord relied on them, while the tenant himself waived their application at the time of signing the lease. Therefore, the landlord can recover this amount as additional rent, amortized over the lease's agreed period, namely 10 years.

The only consolation the tenant can draw from this conflict is the judge's appreciation that: " the wording of the lease closely resembles gibberish, and a cat would probably lose its kittens in it. The authors of this document certainly did not follow Boileau's advice that what is well conceived is clearly expressed, and words come easily to express it!".

While some find nirvana in such agreements, for others, it is hell.

*C.A. Montréal 500-09-017006-065

François Forget, notary and legal advisor as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
The importance of the name and logo of a company
Me François Forget - December 29, 2004
The holder of a trademark does not have to prove that there is confusion in the mind of the public, it is...
Can we retroactively divide the family heritage as of the date of the cessation of common life?
Me François Forget - September 29, 2011
As the saying goes, "Divorce and the division of family assets is a double-edged sword, you must hurt yourself on...
Should a buyer trust their seller or seek the opinion of a professional inspector?
Me François Forget - April 26, 2018
The importance of getting a pre-purchase inspection for a building, in order to have the beginning of evidence in...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.