Yes, under certain circumstances. A commercial lease may contain clauses designed to allocate certain risks between the landlord and the tenant, or to limit the landlord's liability in certain situations. However, the validity and scope of these clauses depend on their wording, the nature of the damage, and the circumstances.
The landlord remains bound to comply with the obligations imposed on him by law as well as those he assumes in the lease. In particular, he must provide the tenant with the use of the premises for the entire duration of the lease and comply with all other applicable obligations.
A clause excluding or limiting liability does not necessarily allow the landlord to avoid all responsibility. The Civil Code of Québec stipulates, in particular, that a person cannot exclude or limit their liability for material damage caused by intentional or gross negligence. Nor can they exclude or limit their liability for bodily injury or moral damage.
The lease may include clauses concerning damage caused by another tenant or a third party, loss of use of the premises, compensation obligations, and the insurance policies that the parties must maintain.
It is therefore important to carefully examine the liability, compensation and insurance clauses in order to determine their scope and the risks assumed by each of the parties.