How Do I Lease My Facility?

Your facility is under development, the local community and other stakeholders, partners and investors have lined up to enthusiastically support the project because it is rooted in a strong shared vision and you have selected tenants through a Call for Proposals.

You will now need to formalize arrangements with your selected tenants and prepare them for the transition to a new workspace or live/work space. When a project is still in development Artscape makes an offer to lease to selected tenants; this is a legally binding agreement under the Commercial Tenancies Act that sets out the terms and conditions of the lease that will eventually be signed. Finally, a Commercial Sublease is signed by Artscape and the new tenant, again a legally binding agreement under the Commercial Tenancies Act.

In certain situations Artscape will issue licences instead of a sublease. Legally, there are some fundamental differences between a sublease and a license. A sublease is a grant of a proprietary legal interest in the premises, whereas a license is a grant of a right to use the premises. In other words, the license would not grant exclusive possession of the premises but would only grant the right to exclusive use of it.

Because Artscape recognizes that the artistic life is often a fluid one, our leases provide termination clauses. Generally, a commercial tenant can vacate their studio and terminate their lease on the last day of a month upon giving 90 days prior notice in writing (60 days for residential tenants). The notice period can be longer depending on your needs (as the landlord). This should be identified in your lease.

Artscape’s residential tenants sign a residential tenancy lease , governed by the Residential Tenancies Act, and, in the case of rent geared to income (RGI) housing, governed by the Social Housing Reform Act. To read more about the different types of commercial (workspace) and live/work spaces developed and operated by Artscape please see Introducing Artscape’s Creative Spaces.

It may be the case that your tenants are making their first move to a permanent workspace or live/work space and the rights and obligations of tenancy will need to be carefully explained to them. Prospective tenants should be encouraged to take legal advice as necessary.

Whether or not your tenants are “first timers” they will still need to be introduced to the particular values and vision of your project and to the every-day practicalities of working in a multi-tenanted and perhaps publicly accessible facility. Artscape provides a Tenant Charter setting out the understanding between Artscape and the artists and organizations living and working in Artscape buildings. The charter explains how getting involved in an Artscape project is about more than just becoming a tenant; it is about joining Artscape and other tenants in their efforts to further Artscape’s work. It’s also about keeping each other safe and working to ensure a fair, open and supportive tenant community.