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Company Lease Agreement Template for Canada

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Company Lease Agreement

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What is a Company Lease Agreement?

The Company Lease Agreement serves as a crucial legal instrument in Canadian commercial real estate transactions, establishing the framework for business premises rental. This document is essential when a business entity seeks to lease commercial space for its operations, whether for office use, retail, industrial, or other commercial purposes. The agreement must comply with provincial commercial tenancy laws, as property law falls under provincial jurisdiction in Canada, while also adhering to federal regulations regarding taxation, accessibility, and environmental standards. It comprehensively addresses key aspects such as financial obligations, maintenance responsibilities, insurance requirements, and operational restrictions, providing both parties with clear guidelines and protections for the duration of the lease term.

What sections should be included in a Company Lease Agreement?

1. Parties: Identifies and provides full legal details of the landlord and tenant

2. Background: Provides context for the lease agreement and confirms the parties' intention to enter into the lease

3. Definitions: Defines key terms used throughout the lease agreement

4. Demise and Term: Specifies the leased premises and duration of the lease

5. Rent and Additional Rent: Details base rent, operating costs, utilities, and other financial obligations

6. Security Deposit: Specifies the amount, form, and terms of the security deposit

7. Use of Premises: Defines permitted uses of the leased premises and any restrictions

8. Maintenance and Repairs: Allocates responsibility for maintenance, repairs, and improvements

9. Insurance and Indemnity: Specifies required insurance coverage and indemnification obligations

10. Assignment and Subletting: Sets out conditions for transferring or sharing the leased premises

11. Landlord's Covenants: Details the landlord's obligations under the lease

12. Tenant's Covenants: Details the tenant's obligations under the lease

13. Default and Remedies: Defines events of default and available remedies

14. Termination: Specifies conditions and procedures for lease termination

15. Notice: Provides requirements for formal communications between parties

16. General Provisions: Contains standard boilerplate clauses and miscellaneous provisions

What sections are optional to include in a Company Lease Agreement?

1. Option to Renew: Include when offering tenant the right to extend the lease term

2. Option to Purchase: Include when giving tenant the right to purchase the property

3. Tenant Improvement Allowance: Include when landlord is providing funds for premises improvements

4. Exclusivity Clause: Include when tenant requires protection from competing businesses

5. Co-tenancy Requirements: Include for retail properties where tenant's obligations are tied to other tenants

6. Environmental Matters: Include detailed environmental provisions for industrial or potentially contaminating uses

7. Operating Covenants: Include for retail properties requiring continuous operation

8. Parking Rights: Include when specific parking arrangements need to be detailed

9. Signage Rights: Include when specific signage rights are being granted

10. Guarantee: Include when a third party guarantees tenant obligations

What schedules should be included in a Company Lease Agreement?

1. Schedule A - Floor Plan: Detailed plan showing the leased premises and common areas

2. Schedule B - Legal Description: Legal description of the property

3. Schedule C - Rent Schedule: Detailed breakdown of rent payments and escalations

4. Schedule D - Operating Costs: Definition and calculation of recoverable operating costs

5. Schedule E - Building Rules and Regulations: Detailed rules governing use of the premises and building

6. Schedule F - Tenant Improvement Specifications: Specifications for any agreed tenant improvements

7. Schedule G - Environmental Disclosure: Environmental conditions and requirements

8. Schedule H - Service Level Standards: Standards for building services and maintenance

9. Schedule I - Form of Tenant Insurance Certificate: Required form for proof of insurance

10. Schedule J - Guarantee Agreement: Form of guarantee if applicable

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