What is a commercial lease?
It is important to ensure that landlords and tenants have the correct type of lease. Different types of leases have varying legal implications and drafting considerations. A commercial lease is between two commercial parties, and is not a retail lease. Retail leasing legislation can be quite complicated, and it is important that lessors and lessees receive expert legal advice to ensure that they enter into the right type of lease and do not breach legislative provisions.
What should a commercial lease include?
A commercial lease should balance the rights of the landlord and tenant and should address numerous circumstances that may arise during the term of the lease, such as a default on payment of the rent or any damage to the premises.
The lease must outline the rights and obligations of both the landlord and the tenant, as well as outlining the commercial terms of the lease. Such terms include:
- The amount of rent payable;
- The term of the lease;
- Any renewal option periods;
- The type of security that the lessee will need to provide (e.g. a bank guarantee);
- The maintenance obligations of each party;
- Permitted use of premises;
- Provisions in the event of the tenant’s default on rent payment;
- Termination provisions;
- “Make good” requirements, which may require tenants to repair any damage that occurred during their tenancy and return the property to its condition prior to tenancy (with the exception of fair wear and tear).
Lease preparation and negotiation
Ordinarily, the landlord will arrange for the lease to be prepared and will then provide a draft lease to the tenant. At this stage, the tenant should review and negotiate the terms of the lease. A commercial lease may contain a provision where the tenant will reimburse the landlord for the costs associated with the costs of preparing, negotiating and registering the lease.
A lease is a costly agreement to enter into and should be drafted by commercial lease lawyers. Our lease lawyers are experienced at drafting leases for all Australian jurisdictions. To talk to our expert lawyers call us on (02) 4929 7002, or email us at firstname.lastname@example.org.