Commercial Real Estate Lawyers

Signing a commercial lease, buying a building for your business or facing a dispute with a landlord or tenant can put a lot at stake. A commercial real estate lawyer helps businesses and investors in Quebec understand what they are signing, spot the risks early and defend their position when things go wrong. On this page you can compare lawyers who handle commercial property matters, see their rates and availability, and book a consultation online.

What a commercial real estate lawyer does

A lawyer in this area advises on property used for business: offices, stores, industrial buildings, warehouses and land held for investment or development. It is a branch of real estate law.

• Leases: negotiating, drafting and reviewing commercial leases, renewals, amendments, assignments and subleases.
• Purchases and sales: reviewing offers, running due diligence and coordinating the closing with the notary and lender.
• Municipal and regulatory issues: checking zoning, permits and the permitted uses of a property.
• Environmental risk: assessing contamination and how responsibility is shared in the contract.
• Construction and fit-out: contracts for building or renovating premises and disputes with contractors.
• Disputes: negotiating, going to mediation or representing you in court.

Commercial leases in Quebec

A commercial lease is very different from a residential one. The Tribunal administratif du logement (TAL) only deals with residential housing, so it has no say over a lease for a store, office or warehouse. Commercial leases are governed by the Civil Code of Québec and, above all, by the wording of the lease itself, and disputes go to the courts. A lawyer can help at each stage:

• Negotiating the lease: the term, rent and how it changes, shared costs and taxes, who pays for repairs, permitted use, exclusivity, signage and any personal guarantee.
• Renewal: a commercial tenant generally has no automatic right to renew. Any renewal option depends on the lease, and the notice rules it sets must be followed carefully.
• Assignment and subleasing: selling your business or moving often means transferring the lease. The lease and the Civil Code set out when the landlord's consent is needed and when it can be refused.
• Defaults: unpaid rent, unauthorized work or a landlord who fails to make repairs. A lawyer can review the notices and the remedies each side has.

Buying or selling commercial property

Commercial buyers usually get fewer protections than home buyers, and many sales are made with limited or no legal warranty. That makes due diligence essential. Before you commit, a lawyer can help you check:

• Title and registered rights in the Registre foncier du Québec, including hypothecs, servitudes and other charges.
• Existing leases and contracts that will transfer with the building.
• Zoning, permits and any notices of non-compliance from the municipality.
• The building's condition and any environmental reports.
• Conditions in the offer, such as financing, inspection and review periods.

In Quebec, the deed of sale and the hypothec are usually signed before a notary, and lawyers and notaries often work together on a commercial transaction. When the purchase is structured through a company, a lawyer who practises business and corporate law may also be involved.

Zoning and municipal permits

Each municipality has its own zoning and urban planning by-laws that decide what can be done on a property, such as permitted activities, parking and signage. Before signing a lease or buying, confirm that your intended use is allowed and which permits the city requires. When a project needs a zoning change or a minor variance, a lawyer can explain the process and represent you with the municipality.

Environmental contamination risk

Contaminated land can be expensive to clean up and can limit how a property is used or financed. Buyers and lenders often ask for an environmental site assessment, and the contract can allocate the risk. For regulatory obligations or cleanup orders, a lawyer in environmental law can work alongside your real estate lawyer.

Construction and renovation of premises

Whether a tenant is fitting out premises or an owner is building or renovating, the contracts matter. A lawyer can review them, clarify who owns the improvements when the lease ends, and help with delays, defects or payment disputes. In Quebec, unpaid contractors, subcontractors and suppliers may be able to register a legal hypothec on the building.

When you need a real estate litigation lawyer

Many disputes settle through negotiation or mediation, but some end up in court. A real estate litigation lawyer can represent you in cases such as:

• Unpaid rent, eviction of a commercial tenant or termination of a lease.
• A landlord's failure to repair or a disturbance of the tenant's use of the premises.
• Hidden defects discovered after a purchase.
• A buyer or seller who refuses to close the sale.
• Construction defects, delays and legal hypothecs.
• Disputes over servitudes or boundaries.

Depending on the amount at stake and the type of remedy sought, cases are heard by the Court of Québec or the Superior Court. Urgent measures, such as an injunction, are handled by the Superior Court. Legal deadlines can be strict, so it is best to get advice as soon as a problem appears.

When to get a lawyer

• Before you sign a lease, an offer to purchase or a letter of intent.
• When you want to renew, assign or sublet a lease.
• When you receive a default notice or a demand letter.
• Before you start construction or renovation work.
• When you learn about contamination or a zoning problem.

Early advice is usually simpler than fixing a signed deal. For tips on picking the right person, read our guide on how to choose a real estate lawyer in Montreal.

Preparing for your consultation

• The lease, offer or contract, with any amendments and schedules.
• Property documents you have: certificate of location, reports, permits.
• A short timeline of what happened and what you want to achieve.
• Your questions, including how the lawyer charges.

Compare and book on JustiConnect

Browse the lawyers listed on this page, compare their experience, languages, rates and availability, and book a consultation directly. You can also search all commercial real estate lawyers or see the lawyers who handle commercial property in Montreal.

Frequently asked questions

Can the TAL decide a dispute over my commercial lease?

No. The Tribunal administratif du logement only hears residential housing matters. Disputes over a commercial lease go to the Court of Québec or the Superior Court, depending on the case.

Do I have a right to renew my commercial lease?

Not automatically. Unlike residential tenants, commercial tenants in Quebec depend on the renewal option written into the lease. Have a lawyer review the notice requirements well before the lease ends.

Do I need a lawyer and a notary to buy commercial property?

The deed of sale is usually signed before a notary, who also publishes it in the land register. A lawyer is often involved earlier to negotiate the offer, run due diligence and advise on the structure of the deal.

Where can I read the rules on leases and sales?

The rules on lease and sale are in the Civil Code of Québec, available free on LégisQuébec. Many of these rules can be changed by contract, so a lawyer can explain how they apply to yours.