Services > Business > Real estate > Commercial rental > Publication of a commercial lease in the Land Register online

Publication of a commercial lease in the Land Register online

The notary's essential role in your commercial lease

Publication or registration of a commercial lease in the land register is particularly useful in the event of sale of the building, to ensure that the lease is respected by any new owner. This protects the tenant's rights and ensures the continuity of his business activities.
Every tenant therefore has a significant interest in publishing or registering his lease commercial lease to avoid any undue eviction, especially if he has made leasehold improvements to the leased premises. These improvements, which are often costly, reinforce the importance of the legal security offered by registration in the land register.
If the commercial lease has not been published or registered in the Land Register, it may be necessary, when the tenant exercises his option to renew, to publish renewals in the Land Register to maintain the tenant's rights in the event of a change of ownership.
The Civil Code of Quebec stipulates that it is against public order to waive the right to publish a commercial lease. However, nothing prevents the landlord from requiring the tenant to comply with certain publication conditions, such as :

that the publication contain no mention of the rent, thus preserving the confidentiality of the financial terms of the lease;
that at the end of the lease or its renewals, the tenant undertakes to remove the publication at his own expense, thus ensuring that the information in the land register is kept up to date.