How to draft a commercial lease with basement odor? | 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 > The drafting of a commercial lease and the nauseating smells in the basement

The drafting of a commercial lease and the nauseating smells in the basement

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.

«In my opinion, writing and communicating is about being able to make anyone believe anything»
J .-M. G. Le Clézio

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 and claims the unpaid rent.

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, the Court is not just anyone.

*C.A. 200-09-006720-095
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.
Failure to disclose that the building is located in a cultural property protection area
Me François Forget - March 29, 2013
Therefore, even if one is partially at fault, one is sometimes right and even if one is right, one is sometimes...
Common-law union is not subject to any obligations, except if..
Me François Forget - January 29, 2004
Common-law union is not subject to any obligations unless the parties formalize their obligations in a...
Subleasing or assigning a commercial lease
Me François Forget - May 20, 2004
The condition of not subletting or assigning a commercial lease cannot simply depend on the landlord's will.

This browser does not support this kind of file. Please download the file to view it: Download the file