Does the Civil Code of Quebec apply to commercial leases? | ScriptaLegal
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Frequently asked questions > Commercial lease > Before the signing > Does the Civil Code of Quebec apply to a commercial lease, and can the parties modify the rules provided for therein?

Does the Civil Code of Quebec apply to a commercial lease, and can the parties modify the rules provided for therein?

Yes. The Civil Code of Quebec contains provisions that apply to commercial leases, including general rules relating to leasing.

These provisions establish in particular certain rights and obligations of the landlord and the tenant concerning the enjoyment of the premises, the payment of rent, the use of the leased property, repairs, the assignment of the lease, subletting and the termination of the lease.

In a commercial lease, the parties generally have considerable contractual freedom. They can therefore determine several conditions of their agreement and, where permitted by law, stipulate rules different from those that would apply in the absence of specific provisions in their lease.

This contractual freedom is not absolute, however. Certain provisions of the law are mandatory and the parties cannot deviate from them through a clause in the lease.

It is also important not to automatically apply the specific rules for residential leases to commercial leases. The Civil Code of Québec provides a specific regime for residential leases, several provisions of which do not govern commercial leases.

It is therefore important to check both the provisions of the Civil Code of Quebec applicable to commercial leases and the clauses of the lease in order to determine the rights and obligations of the landlord and the tenant.

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