The above sections are vague and broad, and therefore it is recommended that owners have professional advice and confirmation that their rental agreements are established in a fair and reasonable manner and that the terms of the law comply with the requirements of the law. Otherwise, a tenant can use the provisions of the law to avoid liability, or even have an entire lease cancelled. It may even have separated certain provisions of a rental agreement by a court on the basis that they are inappropriate or unfair under the law. The tenant can also argue that he has not understood the terms of the rental agreement and that the burden of proof to the contrary falls on the owner, as already explained above. Commercial leases fall within the scope of the CPA and relate to an agreement between a lessor and a company setting the conditions for renting a property. The provisions adopted within the framework of the CPA also provide that temporary agreements are maintained for a maximum period of two years. This provision also applies to leases, which are therefore limited to a term of two years, unless the lessor can prove to the lessee a “demonstrable financial advantage” for the conclusion of a lease for a period of more than two years. It is obviously not known how the owners will be able to lighten the load, to show such a financial advantage to the tenants. At the end of the initial period of twenty-four months, the lease continues from one month to the next, unless a new lease is concluded between the parties. Under current market conditions, if any, it is highly unlikely that consumers will be able to obtain the credit necessary to profitably set up and manage a business under which a lease agreement with the lessor can only be concluded for a period of two years.
It is very likely that many lenders will be extremely cautious over a two-year period, especially since this period is probably considered insufficient to allow the consumer to cover the start-up costs of setting up the business and, in addition, to achieve a profitable situation. This situation also creates uncertainty for tenants. They do not know whether or not they would be entitled to remain in the rented premises at the end of the twenty-four month period. Although this is not the case, in some cases the rental agreement may not contain an early termination clause. . . .