A commercial lease is a rental agreement for a building or premises intended in particular for the operation of a business, trade or the exercise of a professional activity.
By this contract, the landlord undertakes to provide the tenant with the enjoyment of the rented premises for a certain duration, in consideration of the payment of a rent.
The commercial lease defines the rights and obligations of the landlord and tenant with respect to the rental and use of the premises. It may specify, in particular, the rent and other sums payable, the permitted use of the premises, the responsibilities of each party, the conditions for renewal, and the circumstances that may lead to the termination of the lease.
In Quebec, commercial leases are subject to the provisions of the Civil Code of Quebec relating to leases. However, the specific rules applicable to residential leases do not automatically apply to commercial leases.
In a commercial lease, the parties generally have considerable freedom to negotiate the terms of their agreement, subject to the provisions of the law which they cannot deviate from.
It is therefore important that the terms of the lease are clearly established, since the rights and obligations of the landlord and tenant will depend largely on what has been agreed between them.