Even if laws are sometimes very permissive, it is important to remember that courts ensure that agreements reflect the parties' intentions. One of them may want to make believe or write just about anything, but beware, the Court is not just anyone.
Writing certain documents remains a favorite area for some lawyers because they can freely showcase their expertise.
A Tenant, after signing a net net lease for a space intended for a telecommunications business, makes improvements at his own expense. Several years later, the Tenant reports to the Landlord a problem of foul odors in the basement. The Landlord then hires a specialized firm that performs work on the ventilation and air conditioning systems.
The Tenant, dissatisfied, requests an expertise regarding the air quality. The expert concludes that "the presence, in the interfloor of the basement, of rodents, insects, and other types of vermin" poses risks to the health of the Tenant's employees. The Tenant relocates his employees and withholds the rent corresponding to the space leased in the basement. The Landlord turns to
The court, in its analysis, mentions that the obligation to provide peaceful enjoyment of the premises is inherent in the lease contract. However, a Tenant of a commercial lease can waive this obligation because the provisions of the Civil Code, in this regard, are not public policy. The Court of Appeal dismisses the Landlord's claims. Indeed, the clauses invoked by the latter proved that the lease minimized the Landlord's obligations and that those of the Tenant were by far more important, but the Tenant had not expressly waived his right to peaceful enjoyment of the premises.
Even if laws are sometimes very permissive, it must be remembered that courts ensure that agreements reflect the will of the parties. One party may want to believe or write anything or almost anything, but beware,
