What is the legal value of an offer to lease?

According to the Civil Code of Quebec, a duly signed offer to lease is equivalent to a contract. The offer should contain at least the essential elements of a lease, that is to say:

• a description of the leased premises;
• the rent fixed or determinable;
• the term of the lease;
• the enjoyment of the premises.

Often, the lessor presents to the lessee an offer to lease in which it is mentioned that the parties commit themselves to sign the usual form of lease used by the lessor. If such a clause is included in the offer, the lessee should, before signing the latter, negotiate the contents of the usual lease which is proposed to him by the lessor. Failing to do so, the lessee will have to sign the usual lease that we will present to him, without being able to negotiate its conditions.