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Non Exclusive Lease Agreement Template for Canada

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Key Requirements PROMPT example:

Non Exclusive Lease Agreement

"I need a Non-Exclusive Lease Agreement for a retail space in a shopping mall in Toronto, where the tenant will operate a clothing store starting March 1, 2025, with provisions for shared common areas and marketing contributions."

Document background
The Non-Exclusive Lease Agreement is a fundamental document in Canadian property law, designed for situations where a landlord wishes to retain the right to lease different portions of a property to multiple tenants. This agreement is particularly common in commercial real estate, shopping centers, office buildings, and multi-unit properties. It provides a comprehensive framework for the landlord-tenant relationship while ensuring compliance with Canadian federal and provincial regulations. The document typically includes detailed provisions for rent calculation, common area maintenance, utility responsibilities, insurance requirements, and dispute resolution procedures. It's essential for property owners who want to maximize their property's potential while maintaining clear boundaries and rights for all tenants. The agreement must be drafted in accordance with provincial property laws, as lease regulations can vary significantly across different Canadian jurisdictions.
Suggested Sections

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

2. Background: Provides context for the agreement, including brief property description and purpose of the lease

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Demised Premises: Detailed description of the leased property including location, size, and included facilities

5. Term and Renewal: Specifies the duration of the lease and any renewal options

6. Rent and Additional Charges: Details base rent, payment schedule, and additional charges such as utilities and maintenance fees

7. Security Deposit: Specifies amount, terms, and conditions for the security deposit

8. Use of Premises: Defines permitted uses of the property and any restrictions

9. Maintenance and Repairs: Outlines responsibilities for property maintenance and repairs

10. Insurance and Liability: Specifies required insurance coverage and liability obligations

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

12. Assignment and Subletting: Terms governing the transfer of lease rights to third parties

13. Quiet Enjoyment: Landlord's covenant to ensure tenant's peaceful use of premises

14. Termination: Conditions and procedures for ending the lease

15. Notices: Specifies how formal communications between parties should be made

16. Governing Law: Confirms the applicable law and jurisdiction

Optional Sections

1. Common Areas: Used in multi-tenant properties to define shared spaces and their usage

2. Operating Costs: For net leases where tenant shares in building operating costs

3. Tenant Improvements: When tenant is permitted to make modifications to the premises

4. Environmental Matters: For properties with potential environmental concerns or responsibilities

5. Parking: When specific parking arrangements need to be detailed

6. Signage Rights: For commercial properties where tenant signage is permitted

7. Property Management: When property manager's role needs to be defined

8. Co-tenancy Provisions: For retail properties where tenant's obligations depend on other tenants

9. Force Majeure: When specific provisions for unforeseen circumstances are needed

10. Exclusive Use: For commercial properties where tenant requires protection from competing businesses

Suggested Schedules

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

2. Schedule B - Rules and Regulations: Building or property rules that tenant must follow

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

4. Schedule D - Services and Utilities: List of services provided and utility responsibilities

5. Schedule E - Tenant Improvement Specifications: Details of approved tenant improvements and specifications

6. Schedule F - Environmental Disclosure: Environmental conditions or requirements for the property

7. Schedule G - Maintenance Standards: Detailed maintenance requirements and standards

8. Schedule H - Insurance Requirements: Specific insurance requirements and minimum coverage

9. Appendix 1 - Property Condition Report: Documentation of property condition at lease commencement

10. Appendix 2 - Operating Cost Estimates: Estimated annual operating costs and tenant's share

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































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Relevant Industries

Real Estate

Commercial Property

Retail

Office Space

Industrial

Warehousing

Healthcare

Education

Hospitality

Professional Services

Manufacturing

Technology

Entertainment

Food and Beverage

Logistics

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk Management

Compliance

Administration

Business Development

Property Management

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Legal Counsel

Contract Administrator

Real Estate Agent

Leasing Manager

Asset Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Business Development Manager

Property Administrator

Real Estate Analyst

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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