Publication of the lease

Publication of the lease in the Land Register allows lessees to make public the rights arising from the lease. This publication protects the negotiated rights for the entire term of the lease, even in the event that a new owner becomes the lessor, as long as it occurs prior to the purchase by the new owner. Thus, a new owner must comply with the terms of a published commercial lease, and can only terminate it after a certain period and in accordance with a legally recognized procedure.

The Civil Code of Québec does not prescribe any particular form of publication, but provides some guidance as to what information must be disclosed.¹ Commercial leases usually contain a clause imposing various conditions on the method of publication of the lease in the Land Register or on the information disclosed, this in order to prevent the lease from being published in its entirety. Understandably, a lessor may not wish for all current or future lessees to know about a benefit granted to a lessee as a result of negotiation (lower rent, rent-free months, paid fitting-out costs, etc.). For this reason, it is often a summary of the lease that is published in the form of a notice.

To be published, the notice of lease must be filed with the Land Register of the Land Registry Office of the district concerned.² However, it must also be attested to by a notary or lawyer. After verifying the identity of the signatories and their capacity to sign, the notary or lawyer will explain the agreement to the parties, who will attest that the lease agreement reflects their wishes.

The published notice of lease must include as a minimum:

• A reference to the lease concerned;
• Identification of the lessor and lessee;
• The description of the immovable;
• The start and end dates of the lease;
• Renewal rights and rollover rights
• An attestation by a notary or lawyer.

Although publication of such a lease is optional, it is highly recommended.

Any clause in a lease intended to waive the lessee’s right to have the lease published would be without effect,³ as this is a rule of public order.
 

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¹ Art. 2999.1 C.C.Q.
² Art. 1852 (1) C.C.Q.
³ Art. 2936 C.C.Q.