Drafting and negotiating a lease agreement

Document that establishes the basic conditions of the lease to be signed.

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According to the Quebec Civil Code, a duly signed rental offer is equivalent to a contract. The offer should contain at least the essential elements of a lease, which are:

When signing a rental offer, one must be cautious as the parties will be bound by this document. Often, the landlord presents the tenant with a rental offer in which it is stated that the parties commit to signing the landlord's standard lease form. If such a clause is included in the offer, the tenant should negotiate the terms of the standard lease proposed by the landlord before signing the offer. Failing to do so, the tenant will have to sign the standard lease presented to them without being able to negotiate its conditions.

During the negotiation of the rental offer, it is important to:

  • properly describe the rented premises, as renting a space without mentioning the number of square feet or meters will result in the rent amount being considered as a lump sum, and one cannot argue that there was an error in the number of square feet or meters compared to the amount paid;
  • pay close attention to the description of the operating expenses that will be payable by the tenant;
  • establish a mechanism to determine the proportional share of expenses payable by the tenant.

To better protect oneself, if the landlord sells the building before the lease is signed, it would be advisable to include a clause in the rental offer stating that the landlord undertakes to have any prospective purchaser assume the duly signed rental offer.

A tenant who only signs a rental offer without also signing a lease cannot make their rental offer public to better protect their rights against third parties.

We invite you to consult a member of the Notaire-Direct team because they:

  • are legal advisors;
  • are negotiators;
  • are specialists in contract drafting;
  • must have liability insurance.

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If you can't meet with us, go to ScriptaLegal.com.

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514 374-4303
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