Commercial lease (lessor or lessee)

The commercial lease: a contract with many features

About to sign a commercial lease? That you are a merchant-tenant or a lessor, proceed with care and consult a notary.

A commercial lease is a complex document that must be the object of careful examination. Contrary to a residential lease, its terms are based on the needs of each party and are not subject to the same mandatory rules. The lessor and the lessee are thus free to build a custom contract that includes various modalities. A flexibility with multiple advantages but that may also lead to less than clear terms when badly written.

Furthermore, the terms of a commercial lease are legally binding for each party. Few legal means exist to challenge them in the case of a disagreement or problem. The parties must respect their obligations whatever the cost!

Why see a notary before signing your commercial lease?

Before putting your signature at the bottom of a commercial lease, it is always best to verify its content with an expert. The different terms may be rather complex and involve many legal and technical expressions. Also, the custom terms require the addition of many details that may make a big difference.

Examples of the terms of a commercial lease:

1
Terms of use and exclusivity;
2
Insurance responsibility;
3
Length of the lease;
4
Commercial lease renewal option;
5
Lease publication to assert it with subsequent tenants;
6
Terms relevant to repairs to be made;
7
Terms relevant to the rent, additional charges and the payment of taxes;
8
Terms applicable in the event of expropriation or the destruction of the leased premises;
9
Terms relevant to conflict resolution.

A commercial lease written by your notary will avoid fuzzy, imprecise or even unfair terms. Your expert could detect damaging errors or prevent an important oversight. He will also check that no contradictory element finds its way into your commercial lease. You will then know what to expect!

Bessette notaires: count on our experts for
the right commercial lease

Trust the Bessette Notaires team for your commercial lease. Based on your needs, our experts in corporate law will undertake the writing or validation of your commercial lease. They will also take the time to explain in detail its full terms enabling you to understand all of your obligations. They will ensure that you sign a contract that is right and fair. Don’t hesitate to book an appointment!

 

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