Commercial Lease
Commercial Lease Revision and Drafting for Quebec Businesses
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You're a landlord and you found the perfect someone to rent your location. You're a tenant and you found the exact space at the right price to open your business. Both of you are thrilled but you know that having a clear lease is pivotal - that's what we are here for.
Our commercial lease revision and drafting packages ensure that your lease is compliant with Quebec law and protects you on all spheres. We know that having a proper and clear lease is essential and we want to ensure that all situations are already outlined in your lease before they arise. We got your back, now let's gets drafting.
6 Key Elements of a Commercial Lease.
Your guide to commercial leasing
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Who we help.
A handful of some of the industries we’ve worked with
Retail
Fashion & Design
Food & Beverage
E-commerce
Not-for-Profit & Charities
Real Estate
Ambitious business but small budget?
Discover our resources section. You’ll find videos, guides and contracts to guide you through the legal of your business.
Learn and copy the techniques we use for our clients and use them to protect your business.
Frequently Asked Questions.
Find As to your Qs
A commercial lease is a written agreement between a landlord and a business tenant. This agreement allows the tenant to use the space provided for by the landlord for a specified period of time in exchange for payment.
The leasing process is a two-step process. It will first involve signing an offer to lease. After the negotiations of the terms of the lease are completed, the parties will then sign a lease containing the details of the negotiation.
The main elements that are covered in most leases are, namely:
- Rent: Your commercial rent will most likely be based off of the size of the space and the square footage of the space. Certain costs are often added on to your rent. In general, you will find one of the following rent calculations:
- Percentage Rent Lease
- Gross Rent Lease
- Net Lease
- Net-Net Lease (Double Net Lease)
- Net-Net-Net Lease (Triple Net Lease)
- Term
- Options and Renewal Periods
- Space and Services
- Parking
- Heating, Ventilation, Air conditioning
- Cleaning Service for Common Spaces
- Security
- Snow Removal
- Grass Cutting
- Landscaping
- Features
- Repairs
- Improvements
- Permitted use of the space and the types of businesses
- Subletting and assignment
- Insurance
- Taxes
- Utilities
- Signage
- Building Rules
- Default
- Disputes
For more information on what to consider when signing a commercial lease, read our blog post on the topic here!
If you own a retail business, you will most likely pay your base rent along with a percentage of your sales.
With a gross net lease, the tenant will typically pay a flat rate (base rent) plus other specific expenses.
In a net lease (also known as a single net lease), the tenant will pay base rent and some of the taxes.
In a net-net lease (also known as a double net lease), the tenant will pay the base rent, taxes and insurance costs to the landlord.
In a net-net-net lease (also known as a triple net lease), the tenant will pay a flat rate (base rent), taxes, and operating and maintenance costs.
As per section 1195 of the Civil Code of Quebec, an emphyteutic lease is “a right which, for a certain time, grants a person the full benefit and use of an immovable owned by another provided he does not endanger its existence, and undertakes to make constructions, works or plantations thereon that increase its value in a lasting manner.”
In other words, in an emphyteutic lease, the emphyteutic lessor agrees to provide a building or land to the emphyteutic lessee in exchange for a consideration. The consideration here is of two parts: (1) the lessee will have to pay rent and (2) the lessee will undertake to make constructions on the land to increase its value.
If you would like to have an emphyteutic lease or would like more information on it, kindly contact us at the form below or here.
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