Commercial Leasing

Before you sign a commercial lease, think about the lease term, rent amount, rent review clauses, outgoings, fit-out responsibilities and termination conditions. Also, ensure the property complies with zoning laws and is suitable for your business operations or the way your tenant intends to use it. Due diligence is important to ensure you’re entering into a positive relationship with your landlord or tenant.

A commercial lease lawyer can help you by reviewing and drafting lease agreements, negotiating favourable terms, conducting due diligence, ensuring legal compliance, resolving disputes and providing strategic advice for lease assignments or terminations. This professional applies years of experience to ensure no details are overlooked.

'Outgoings' refer to additional costs associated with the property that tenants may be required to pay. These can include council rates, water rates, insurance, maintenance and management fees. It's important to clarify which outgoings you are responsible for as the tenant or the landlord in the lease agreement. We can help you to confirm the right clauses are included in your agreement so there are no disputes down the track.

A market rent review is a clause in your lease agreement that allows for the rent to be adjusted based on current market conditions at specified intervals. The team at NPR Law can help negotiate fair and reasonable terms for market rent reviews.

Subleasing or assigning your commercial lease depends on the terms outlined in your lease agreement. Some leases may require landlord approval or have specific conditions. We can help you understand your rights and obligations and assist with the necessary legal documentation if you want to go down this road.

If a dispute arises between you and your landlord or your tenant, we can provide legal advice and representation to resolve the issue. Common disputes involve rent increases, maintenance responsibilities or breaches of lease terms. Mediation or legal action may be necessary to reach a resolution.

With this being said, prevention is better than cure. This is why a highly specific lease agreement is so important. Reach out to NPR Law for help creating a quality commercial lease today.

A make-good obligation requires the tenant to restore the leased premises to its original condition at the end of the lease term. This may include removing fit-outs, repairs and cleaning. As commercial leasing lawyers, we can help you understand and negotiate these obligations to avoid unexpected costs at the end of your lease.

The commercial leasing process can vary in length depending on factors such as the complexity of the lease, negotiations and due diligence. Creating a lease can take anywhere from a few weeks to several months. Engaging us as early as possible can help streamline the process.

If you want to lease a commercial property, it is recommended that you contact a specialist property lawyer to help confirm if the terms of the lease agreement are fair and in your best interests.

Commercial leases in Australia must comply with relevant state and territory laws, which can vary. Generally, leases should be in writing, include key terms such as rent, lease term, and tenant/landlord obligations, and be signed by both parties. As property legal specialists, we will check that your lease meets all legal requirements for your state.

Terminating a commercial lease early can be done, but it depends on the lease terms. Some leases may allow early termination with certain conditions, such as paying a penalty or finding a replacement tenant. In other cases, a termination clause may be valid if someone breaches an agreement. If you need to terminate a commercial lease as a landlord or tenant, contact us for advice on your options. We may also be able to help negotiate an early termination if necessary.