Commercial leases typically have longer terms and specific conditions. Some leases can have a duration of five to ten years. Moreover, in the commercial sector, it is not mandatory to use leases from the Tribunal administratif du logement, as is the case in residential real estate.

Different rules apply to commercial leases. For instance, the owner of a commercial property can request a security deposit from the tenant, which is not allowed in residential leases. They can also prohibit subleasing or the termination of the lease by the tenant. At the end of the lease, the tenant must vacate the commercial space, whereas in residential real estate, the lease is automatically renewed. Additionally, in case of a dispute, the owner and the tenant must go to the Superior Court or the Court of Quebec, rather than the Tribunal administratif du logement as is the case in residential real estate.

Different terms are used to refer to what landlords and tenants must pay in a commercial lease:

-Gross lease: This is a lease where everything is included. The tenant only has to pay their rent. Costs related to the property are included in the rent or paid by the landlord. Charges included in a gross lease may encompass utilities (such as water, electricity, and heating), maintenance of common areas, property taxes, basic insurance costs, and similar expenses. However, it’s important to note that how these charges are apportioned between the tenant and the landlord can vary from one gross lease to another.

-Triple Net Lease (Net, Net, Net): In a triple net lease, the tenant is responsible for paying, in addition to their base rent, the expenses related to the property (cleaning, electricity, municipal or school taxes, etc.). In a triple net lease, the tenant assumes the responsibility of paying not only the base rent but also all operating expenses of the property, including property taxes, insurance premiums, and maintenance costs.