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Basic Concepts, Fees, Taxes and Other Financial Issues – Commercial Lease

In this conference, the basic concepts of a commercial lease are discussed. Me Gauthier begins his conference by addressing the differences between commercial leases and residential leases. He then cites three examples of mandatory provisions of the Civil Code of Québec from which one cannot derogate when dealing with commercial leases.

He continues by describing the three categories of commercial leases, which are:

• Office Lease

• Lease for Commercial Spaces

• Lease for Industrial Spaces

The speaker points out that the structure of a commercial lease will not be the same in all three cases. He then cites a few examples of clauses that differentiate them.

Next, he analyzes the most common terms used in commercial leasing, including gross lease and gross rent, net lease and net rent, and additional rent.

In addition, Me Gauthier explains the ownership structure of a building while citing several mandatory provisions of the Civil Code of Québec. Among other things, landlords, but especially tenants, must pay attention to operating expenses in the case of a net commercial lease. In this regard, he mentions the issues raised in the Forum Entertainment case. It should be noted that this case was a precursor in improving and clarifying commercial leases.

In the second part, Me Gauthier specifies the particularities related to the calculation of leasable area, operating expenses specific to commercial leases, property taxes, other taxes payable by the tenant, and rent payment terms.

Regarding the payment structure in a commercial lease, there is payment without compensation. The speaker explains what this means and provides examples. In certain cases, the tenant has the right to withhold part of the rent.

$99.00

Introduction (conférence 1)

Remarques préliminaires

Terminologie

Structure de détention d’un immeuble

Introduction (conférence 2)

Établir la superficie locative

Frais d’exploitation

Frais et taxes

Commentaires sur les taxes foncières

Commentaires sur les autres taxes

Paiement du loyer sans compensation

Instructor(s)
Me René Gauthier
length
75 minutes
Producer(s)
Miiro