The publication of a commercial lease in the land register makes it possible to make certain rights resulting from the lease enforceable against third parties, which can be particularly important when the building is sold.
When a leased building is sold, the tenant's rights with respect to the new purchaser may depend in particular on the remaining term of the lease and its registration in the land register.
Publishing the lease can therefore offer significant protection to the tenant who wishes to preserve their rights to occupy the premises in the event of the sale of the building, particularly when there is a significant period remaining in the lease or when the tenant has made investments or improvements in the leased premises.
It is generally not necessary to publish the commercial lease in its entirety. A notice of lease can be published in the land registry to make the required information public while preserving the confidentiality of certain lease terms, including the rent amount.
The Civil Code of Québec stipulates that a clause by which the tenant waives their right to publish the lease is ineffective. The landlord may, however, include certain terms and conditions regarding publication, to the extent permitted by law.
When a published lease is renewed, extended, amended or terminated, it may also be necessary or appropriate to check whether an additional entry, amendment or cancellation needs to be made in the land register so that the published rights correctly reflect the situation.
Publishing a commercial lease is therefore an important way to protect the tenant's rights against third parties, particularly in the event of a change of ownership of the building.