Publishing Your Commercial Lease — Protection For Everyone

This article first appeared in French in the April 2022 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec (the Quebec Industrial Parks Corporation).

For many companies, commercial leases are important contracts that often represent a significant portion of their fixed costs. Quebec's legislative system provides commercial tenants with an indispensable tool to ensure the survival of a lease despite a change in ownership of the building: the publication of the commercial lease.

1. Publication of rights and enforceability against third parties

Registering a commercial lease in the Land Register offers some protection to the tenant. Indeed, once a lease is properly published, it becomes enforceable against third parties. Publication ensures the continuity of a commercial lease; it preserves the tenant's rights to the leased premises according to the terms of the lease if, for example, a new buyer or secured creditor