Commercial Lease Lawyer

It is important to understand your obligations under the lease. The lease documents will be prepared by the landlord, so if you as a tenant have specific requirements, you should ensure that the terms and conditions you want are carefully drafted to protect your interests.

It can be difficult to determine the fairness of a contract if you don't deal with leases regularly and don't have an in-depth understanding of your legal rights. Our commercial leasing lawyers have extensive experience, understand the commercial applications of leasing and licensing, and have in-depth legal knowledge.

We can assist with lease negotiations and draft terms and conditions that suit your business and protect you. We explain the terms and conditions in your lease contract and explain how they will affect your business.

If you think your tenancy contract is unfair, it's important to get legal advice and understand your options.

You should consult a commercial leasing attorney to understand the current commercial leasing market so you can clarify how to discuss it with your current landlord and leasing agent.

Generally speaking, you can break or terminate a commercial lease in several ways:

• Mutual agreement: You can go to the landlord and ask to waive your lease, and if they agree, you can draw up a contract to end the lease. You should get legal advice when you give up your lease, as in many cases you will still have some leasehold responsibilities even after you have renounced the lease.
• Early Termination Clause: Your lease may have an early termination clause, and if so, you can use this clause to get out of the lease.
• Lease Assignment: You can assign your lease to another party. You may still have responsibilities under the lease if you choose to transfer it to another party, and you should seek legal advice to ensure you understand the responsibilities you will still have if you transfer the lease.
• Subletting properties: A subletting is usually part of the property, but you may be able to generate additional income this way to pay for the main lease. When subletting, you should make sure you have the proper legal documentation in place to prevent any problems in the future. Subletting may also require the approval of the master lessor.
• Appoint an administrator: If you become insolvent or need to restructure, you can appoint an administrator who has the ability to renegotiate leases and other agreements. Some tenants have abandoned their properties in the hope that landlords will not pursue them for breach of contract. This strategy is risky. Understanding your legal responsibilities in advance and resolving issues promptly can prevent further problems.

Retail leases usually include property services, and their properties are mainly used for retail sales and supply of goods or retail provision of services.

Unlike commercial leases, retail leases are regulated (in Victoria) by the Retail Leases Act (Vic) 2003 (the "Act").