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Enjoyment of premises, protection from injury, restoration

Not disturbing the normal enjoyment of the other lessees

A lessee is bound to act in such a way as not to disturb the normal enjoyment of the other lessees.1 The lessee may be bound to make reparation for injury that results from a violation of that obligation, whether the violation is due to his own act or omission or to the act or omission of persons he allows to use or to have access to the property.2 The lessor could even apply for terminaition of the lease in case of violation of this obligation.3

Likewise, a lessee who is disturbed by another lessee or by persons whom another lessee allows to use or to have access to the property may obtain, according to circumstances, a reduction in rent or terination of the lease, if he notified the common lessor of the disturbance and if the disturbance persists. He may also recover damages from the common lessor unless the lessor proves that he acted with prudence and diligence. The lessor has a remedy against the lessee at fault to be compensated for the injury suffered.4

1 Art. 1860 (1) C.C.Q.
2 Art. 1860 (2) C.C.Q.
3 Art. 1860 (3) C.C.Q.
4 Art. 1861 C.C.Q.

Protecting the leased premises from injury

The lessee is bound to make reparation for injury suffered by the lessor by reason of any loss sustained by the leased property, unless he proves that the loss is not due to his fault or that of persons he allows to use or to have access to the property.5

The lessee is not bound for injury resulting from a fire unless it is proved that the fire was due to his fault or that of persons he allowed to have access to the immovable.6

Of course, the lessee will have to take out insurance accordingly, whether or not it is required under the lease.

5 Art. 1862 (1) C.C.Q.
6 Art. 1862 (2) C.C.Q.

Restoring the leased premises at the end of the lease

At the end of the lease, the lessee is bound to hand over the property in the condition in which it was received, but he is not liable for changes resulting from aging, normal wear and tear of the property, or superior force.7

If the lessee has made modifications to the space, he is bound to remove all constructions and works, unless they cannot be removed without deteriorating the property. If they remain, the lessor may retain them by paying their value to the lessee or compel the lessee to remove them.8 This obligation can be costly for the leasing of a commercial space if certain types of fittings (vault, stairs, telephone system, computer network, etc.) have been added by the lessee. The cost of restoring the space can play an important part in the lessee’s decision to remain in the space or to leave. In the case of office space, the lessor will often agree to the lessee leaving without restoring the space, but this is not the case for commercial or industrial spaces. Some leases state that the lessee’s constructions must be approved by the lessor, and require the parties to identify the entity responsible for their removal in order to avoid disputes.

7 Art. 1890 (1) C.C.Q.
8 Art. 1891 C.C.Q.

Last updated on: December 16, 2022
Reference number: 264735