In a commercial lease, liability for damages caused to the leased premises depends in particular on their origin, the circumstances in which they occurred and the provisions of the lease.

According to the Civil Code of Quebec , the tenant is in principle required to compensate the landlord for the damage suffered due to losses occurring to the leased property, unless he demonstrates that these losses do not result from his fault or that of the persons to whom he allowed the use of the premises or access to them.

However, a special rule applies in the event of a building fire: the tenant is only liable for damages resulting from the fire if it is proven that it is attributable to his fault or that of the people to whom he allowed access to the building.

Liability may be incurred, in particular, when the damages result from:

• Due to a fault or negligence on the part of the tenant;
• Actions of its employees or other persons to whom it allows access to the premises;
• Use of the premises contrary to the obligations stipulated in the lease.

The landlord may also be held liable when the damages result from a breach of their own obligations.

The clauses of the commercial lease may provide for certain specific obligations concerning the prevention of damage, its repair, insurance and the allocation of risks, subject to the applicable legal rules.

It is therefore important to check the lease terms, the circumstances of the loss and insurance coverage before determining who should bear the costs of the damages.