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Maintaining the form and destination of the immovable

The lessor may not change the form (subdivisions) or the destination (use) of the immovable during the term of the lease. Therefore, a commercial building cannot unilaterally be converted into a residential leasing property before the end of the lessee’s lease. The lessor could, however, accept a request from the lessee to change the permitted use of the premises following negotiations.

SUMMARY – Lessor's obligations

1. Deliver the property in a good state of repair.1
2. Provide peaceable enjoyment of the property.2
3. Warrant that the property may be used for the purpose for which it is intended.3
4. Maintain the premises.4
5. Maintain the form or destination of the immovable.5
6. Exercise his right to access and make repairs in a reasonable manner.6


1 Art. 1854 (1) C.C.Q.
2 Ibid.
3 Art. 1854 (2) C.C.Q.
4 Art. 1864 C.C.Q.
5 Art. 1856 C.C.Q.
6 Art. 1857 C.C.Q.

Last updated on: December 16, 2022
Reference number: 264730