About this restaurant lease
This agreement should be used to let a food retail unit such as a restaurant, cafe, delicatessen, or fast food outlet. It may be part of a parade of other shops owned by other landlords, or it may be stand-alone.
The chip shop, restaurant or cafe may have additional space used by the tenant for other business purposes, such as offices or storage.
This is a professionally drawn, very comprehensive lease with massive legal protection for the landlord including a long menu of “do’s” and “don’ts”.
This lease is not a compromise between the interests of the parties. It prefers the landlord’s interest. We think that is the best start point. If you wish to make concessions to your tenant, that is fine, but we want you have those choices.
It includes service charge provisions to provide 100% recovery of service costs.
Similar commercial lease agreements
If the property will be used as a standard shop, use Lock up shop lease agreement or Business lease: shop in parade. The latter contains service charge recovery provisions.
Key features
Plain English is used throughout except where it is necessary to use legal terms common in this field of law.
The key features of this business lease can be summarised as:
- standard guarantor
- options for transfer or assignment to another party
- sub-letting forbidden
- option to include a break clause for premature termination by the tenant
- a choice of options for rent reviews
- schedule covering use of a commercial kitchen
The law in this restaurant lease
Commercial leases differ significantly from residential leases. Residential leases are highly regulated. In contrast, commercial leases are governed chiefly by common law and are very loosely regulated. The rights and obligations of the landlord and tenant are mainly a matter of agreement between the parties. There are no statutory requirements to register your lease, but either party may register a lease of three years or more.
Document contents
This restaurant lease is comprehensive, providing alternative choices for important decisions.
The contents include 26 provisions and 3 schedules covering:
- rent: period, amount, other payments, interest on overdue rent, periodic review
- condition and repair
- tenant's positive obligations
- restrictions on tenant: prohibited activities on the property
- signs and advertisements
- assignment of the lease
- indemnities by the tenant
- security deposit
- insurance
- access for landlord
- guarantor
- termination: default notice by landlord; provision for premature termination (a break clause)
- forfeiture
Schedule 1: rights reserved
Schedule 2: draft agreement for a security deposit
Schedule 3: kitchen and cooking equipment
This document was written by a solicitor for Net Lawman. It complies with current Canadian law.
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