The commercial lease is often regarded, rightly so, as a lengthy, tedious, repetitive and monotonous document. Moreover, this type of lease is primarily drafted in favor of the landlord, often to the detriment of the tenant.
The commercial lease is often considered, quite rightly, as a long, tedious, repetitive and monotonous document. Furthermore, this type of lease is drafted primarily in favor of the lessor, often to the detriment of the lessee.
Therefore, a lessee, who signed a lease for a commercial premises, sees his property destroyed or damaged by water as a result of a fire in the building housing his business. He then turns to the Court* and claims compensation from the lessor. The lessee argues that the fire resulted from improvements and work that were poorly executed by the lessor. The lessor claims that he cannot be held responsible since the lease stipulates that:
In light of the parties' claims, the Court concludes that:
Lessors usually include a multitude of clauses in commercial leases. Why not ensure that the imagination of the lessor does not exceed reality? "What is written remains written" and it is no longer legal fiction.
* C.A. Quebec 200-09-004988-041, 2006-03-01
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