The responsibility for maintenance and repairs depends both on the rules laid down by law and on the provisions of the commercial lease.
In principle, the landlord is required, during the duration of the lease, to carry out the necessary repairs to the leased property.
Minor maintenance repairs are, however, the responsibility of the tenant, except when they result from the age of the property or from force majeure.
In a commercial lease, it is important to specify the respective responsibilities of the landlord and the tenant, particularly regarding routine maintenance, repairs, equipment serving the premises, common areas and, where relevant, certain components of the building.
The lease may also stipulate how the costs associated with certain works, repairs, services or operating expenses will be borne or shared between the parties.
A tenant who notices a defect or substantial deterioration of the rented property must notify the landlord within a reasonable time.
When an urgent repair necessary for the preservation or enjoyment of the premises must be carried out and the lessor does not act in a timely manner after being informed or after the tenant has attempted to inform him, the Civil Code of Quebec provides certain rules allowing the tenant to carry out the repair and, when the conditions provided for by law are met, to obtain reimbursement of reasonable expenses incurred.
It is therefore important to check the lease in order to determine precisely the responsibilities of each party with regard to maintenance and repairs.