When a commercial lease relates to a building located in Quebec and the parties wish to make it public, the rights resulting from the lease can be published in the Quebec land register , in the register corresponding to the land district where the building is located.
Publication of the lease makes it possible, in particular, to enforce the rights arising from the lease against third parties in situations provided for by law. It can be especially important to protect certain rights of the tenant when a third party acquires the property.
It is generally not necessary to publish the entire commercial lease . Publication can be achieved, for example, by means of a notice containing the information required by law regarding the lease.
This notice makes it possible to make certain relevant information public without necessarily disclosing all the commercial and financial terms contained in the lease.
The publication of a commercial lease is a formality separate from its signing. Therefore, signing a lease does not mean that it has been registered in the land registry.
The preparation and publication of the notice must comply with the applicable requirements in order for the rights arising from the lease to have the desired effects.