The publication of the lease at the land registry against the property by the tenant will prove particularly useful if the property is sold. An unregistered lease will not be enforceable against the new owner, and if that were the case, the new owner could terminate the lease and evict the tenant. So every tenant has an interest in publishing their lease to avoid being unjustly evicted, especially if they have made improvements to the premises.

When the tenant exercises their renewal option, it may be necessary, depending on the terms of the lease, to re-register the lease at the land registry.

The Civil Code of Quebec stipulates that it is against public policy to waive the right to register a lease, but nothing prevents the landlord from requiring the tenant to:

• not include any mention of the consideration (rent) in the publication;
• undertake to cancel the registration at their own expense at the end of the lease or its renewals.

The lease can be registered in several ways, including:

• submitting the lease itself;
• submitting a summary, duly certified by a notary, which summarizes the lease;
• publishing a notice under article 2999.1 of the Civil Code of Quebec.

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 hold liability insurance.