Impact of commercial lease on rental? | ScriptaLegal
Personal Law Business Law 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 > As long as they do not agree on a new commercial lease, the rental offer governs their relationship

As long as they do not agree on a new commercial lease, the rental offer governs their relationship

The rental offer is to the lease what foundations are to a building. Signing pre-contracts hastily without consulting a professional is equivalent to building a structure without considering if the quality of the soil can support it.

«A piece of advice is like a remedy, which is all the better the more bitter it is»
Proverbe du monde

The commercial lease remains a preferred field for lawyers, especially those who practice in litigation. Thus, the maxim that "the parties make the contract" makes perfect sense in this context.

A pharmacist, tenant of a space in a shopping center, receives a relocation offer for his pharmacy. He then signs a lease offer with his landlord.

The tenant moves into his new premises without signing his new lease. In the meantime, the parties exchange draft leases. With each "sending" of a lease draft, the pharmacist takes care to attach a letter of protection, which stipulates that any modification to the draft "will result in the nullity of the document and automatic revocation" of his signature.

In the meantime, discord emerges between the parties. The pharmacist turns to the court and requests reimbursement of various overpaid expenses from the landlord, while the latter counters and requests a permanent injunction.

Given the disagreement, the Court*, before ruling on the parties' requests, deems it essential to determine which document governs the relationship between the parties. Considering the circumstances, the court concludes that: "the only document on which there has been agreement and commitment between the parties is the lease offer (...). Until the parties agree on a new lease agreement, it is the lease offer (...) that must govern their relationship."

The lease offer is to the lease what foundations are to a building. Signing preliminary contracts hastily without consulting a professional is equivalent to building a structure without considering whether the quality of the soil can support it.

*C.A. Québec 200-09-006301-086

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.
Will including a residual substitution
Me François Forget - February 18, 2003
The will with substitution of de residuo allows the testator to ensure that their heir fully benefits from...
Only a co-owner can request the end of co-ownership
Me François Forget - November 19, 2011
Only a co-owner can request the termination of the co-ownership, a trustee in bankruptcy of one of the spouses...
Successfully establishing the intentions of the parties when establishing a reciprocal right of way
Me François Forget - September 18, 2019
Although words fly away and writings remain, it is still necessary to interpret them correctly. Thus, an Owner,...

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