As a business owner, you know how important it is to have contracts in place and to ensure that your rights are protected by Canadian law. Whether you own a commercial building that you lease to tenants or you are a tenant who operates under a lease, I can provide you with the help you need on a variety of commercial lease issues, including:
Because I have extensive experience as Montréal real estate lawyer, I can give you case-specific, on-target legal advice that will help you maintain successful landlord-tenant relationships.
Under Québec law, landlords have certain obligations to tenants; tenants also have certain obligations to landlords. A landlord-tenant relationship is a contractual agreement, and both parties are required to uphold their end of the deal.
Some common issues that arise during landlord-tenant relationships include disagreements over subleasing, an exclusivity clause, damage to property and legal responsibilities for repairs. I can represent your best interests, whether you are the landlord or the tenant, and ensure that your legal rights are protected.
Whether you are a landlord or a tenant, it’s usually a good idea to have a lawyer draft your lease. If you are a tenant, you may not have much say in the matter. However, you do have the right to ask for modifications to the lease and to understand the terms and conditions before you sign. Many tenants choose to work with a Montréal lawyer with experience in commercial leases to ensure that the contract is accurate, legally binding and reflects their wishes.
When rent goes unpaid on a commercial lease, the landlord has the right to seek relief through the courts. Additionally, in some cases, tenants not paying rent on a commercial property is justified; it all depends on the terms of the lease. As a Montréal commercial lease lawyer, I understand the intricacies of lease contracts and can represent you on either side of the issue.
Signing a lease as a landlord or a tenant means that you are legally responsible for upholding all of its terms, including exchanging rent and providing the space for the entire duration of the lease. In some cases, it is necessary for a landlord to hold a tenant accountable for cancelling a lease before the agreed-upon time period is over; in others, the tenant may be legally allowed to break the lease.
No two cases are identical, so if you are experiencing an issue like this, it’s a good idea to call a lawyer right away. Remember, only your lawyer can give you case-specific advice; what’s good for another landlord or tenant may not be the right (or legal) choice for you.
During the course of your commercial lease, you may need to pursue an injunction. An injunction is a court-ordered action that stops an entity from participating in a particular activity. For example, if a tenant in a commercial space has the exclusive right to sell insurance in a certain shopping plaza, and another company comes in and begins to sell insurance, the tenant has the right to seek an injunction against them.
Injunctions can also be challenged in several ways. Perhaps the original agreement was not legally binding, or maybe the classification of activity differs from what was originally agreed upon.
Because I have extensive experience in contractual law and landlord-tenant relationships, I can help protect your rights should you need to seek an injunction against someone or defend yourself against an injunction.
A judge can issue an order for a debtor to pay his or her debts, and if the person cannot pay, the creditor may seize their property. In exceptional circumstances, the law and the contract allow a creditor to perform a seizure before obtaining a judgment. However, some creditors ignore the legal procedure; when that happens, they may attempt to seize property before obtaining a judgment that allows them to do so, even when they do not satisfy the legal criteria.
Seizure before judgment sometimes applies in landlord-tenant relationships and commercial leases, particularly when a lessee fails to pay rent and the landlord does not follow the appropriate legal route before seizing the property (or the business assets located within the property).
There are a variety of other ways that seizure before judgment can apply to commercial lease law, as well, and if you find yourself in a situation where your property has been seized—or if you are unsure that you are legally allowed to seize someone else’s property—call us right away to get a case-specific opinion.
In some cases, judgments in a foreign country may need to be executed in Canada. These types of judgments may relate to any aspect of a commercial lease or landlord-tenant relationship in a commercial capacity, and as an experienced Montréal lawyer, I can help ensure that the proper legal procedures are followed.
It takes a keen eye for detail and a thorough knowledge of Québec law to ensure that your commercial lease says exactly what it needs to say. As a Montréal commercial lease lawyer with extensive experience serving the business community, I can give you the case-specific legal advice and guidance you need.
Call me at (514) 381-3064, EXT 204, to make sure that I’m able to look out for your rights and help you establish solid, legally binding landlord-tenant relationships.