What are the obligations of the landlord and tenant regarding the condition and layout of the premises?

In a commercial lease, the obligations of the landlord and tenant regarding the condition and layout of the premises depend on the provisions of the contract and the rules set out in the Civil Code of Quebec .

In principle, the landlord must deliver the premises in good repair and allow the tenant to use them in accordance with the agreed use.

Before signing the lease, it is important to specify the following elements:

• Condition report: the tenant should visit the premises and the parties should note their condition, ideally by means of photographs or a written description, in order to prevent disputes.
• Use of premises: the parties should verify with the relevant authorities that the planned activity is permitted, particularly with regard to municipal zoning.
• Work prior to taking possession: the lease should specify the work that the lessor or lessee undertakes to carry out, the deadlines for completion and, where necessary, the applicable plans and specifications.
• Tenant improvements: work intended to adapt or improve the premises for the tenant's needs, such as office setup or the installation of partitions, should be clearly defined in the lease.
• Authorization for work: the lease should specify which work requires prior authorization from the landlord and the conditions for its execution.

The lease may also stipulate that the tenant accepts the premises in their current condition or that certain improvements will be entirely at their expense. However, the scope of these clauses must be assessed in light of applicable legal obligations.

At the end of the lease, the tenant must generally return the premises in the condition in which they were received, subject in particular to normal wear and tear, obsolescence and applicable contractual provisions.

It is particularly important to specify the fate of tenant improvements in order to determine whether they can remain in place or must be removed at the end of the lease.

A precise description of the condition of the premises and the agreed work helps to better protect the rights of the landlord and the tenant and to prevent disputes.