Is a verbal commercial lease valid in Quebec? | ScriptaLegal
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Frequently asked questions > Commercial lease > Before the signing > Is a verbal commercial lease valid?

Is a verbal commercial lease valid?

Yes, in principle. A commercial lease can be concluded verbally. The Civil Code of Québec generally does not require a commercial lease to be in writing to be valid.

However, the absence of a written lease can lead to significant difficulties when a disagreement arises. In particular, it can be difficult to prove what was agreed upon regarding the amount of rent, the duration of the lease, the permitted use of the premises, work to be carried out, operating expenses, renewal options, or other obligations of the parties.

A written lease allows the landlord and tenant to specify their rights and obligations and constitutes important proof of the conditions they have agreed upon.

Written agreements also become particularly important when the parties wish to include special conditions that modify or supplement the rules that would otherwise apply to their relationship.

In addition, certain formalities may require a written document, particularly when the parties wish to publish their rights in the land register.

Even when a verbal agreement may be legally valid, it is therefore generally preferable to conclude a written and sufficiently detailed commercial lease in order to reduce the risks of disagreement and facilitate proof of the agreed terms.

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