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Commercial Lease Lawyer Cairns

No “one size fits all” lease template exists for commercial or retail leases. This is why it is crucial to have an experienced commercial lawyer review the terms and conditions before you sign. Our understanding of commercial and retail shop leases will provide you with peace of mind. Let our experts review your lease and ensure you understand the fine print.

Tenants and property owners should obtain legal advice before signing a business lease to prevent issues or disputes. It is important for both parties to understand the terms of the lease to avoid any potential problems.

Seeking legal advice ensures renters and property owners can confidently navigate the complexities of the lease agreement. This will help them make informed decisions and avoid any potential legal pitfalls.

Our lawyers can assist with:

  • Advising on commercial terms and conditions, including letters of offer
  • Drafting and negotiating  lease agreements
  • Assigning, varying or surrendering leases
  • Enforcing the terms and conditions of leases
  • Any lease disputes you may have with your landlord or tenant
  • Land and environmental issues

Your local commercial lease dispute lawyer

Commercial disputes can be stressful, time-consuming, and costly for landlords and tenants. Our commercial lease lawyers will help you understand your options to resolve any breaches. We will also ensure that you follow an approach that leads to a positive outcome.

If you are considering serving a notice of default to remedy a breach or commencing legal action, our lawyers will guide you through any processes and relevant laws that must be followed.

For more information on commercial and retail shop lease disputes, click here.

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Frequently Asked Questions

What should be considered in a commercial lease?

Each lease is different, but some of the most common items include:

  • The annual rent (excluding GST)
  • The tenure, or term, of the lease
  • The timing and potential extent of any rent reviews
  • Any options to extend the lease
  • Personal guarantees or securities
  • Insurances that are required
  • Repairs and maintenance responsibilities

Whether you are a business owner seeking new premises or a commercial property investor, it is essential to perform due diligence to avoid any surprises.

Our commercial lease lawyers will assist you in drafting and reviewing commercial or retail lease agreements so you can be confident the lease suits your needs

What’s the difference between a commercial and a retail lease?

A commercial lease generally applies to premises where the nature of business is warehousing, industrial or office-based. These leases usually contain clauses that identify the payment of rent, rent increases, term of the lease and maintenance and repairs of the premises.

A retail lease is used when the premises are used to sell goods such as clothing, furniture, and groceries. This also applies to restaurants and cafes. Retail leases are protected by retail legislation. In Queensland, this is the Retail Shop Leases Act 1994.

The type of lease applicable to your premises can be impacted depending on your place of business. For example, premises in a shopping centre are likely to fall under retail legislation.

Contact our commercial lawyers to ensure you have the right lease agreement and avoid retail shop lease disputes.

Is there a minimum term for retail leases?

Unlike other states, there are no minimum terms for a retail lease in Queensland. This can be important for shop owners and landlords to negotiate, especially if moving or customising premises is expensive.

What do I do if I am in dispute with my landlord over our lease?

Our commercial lease lawyers can help you understand your rights and obligations regarding lease disputes.

We recommend that any business entering a commercial agreement access the services and legal advice from a commercial leasing lawyer when reviewing draft leases. Often, we can advise on any potential concerns at this stage, which will help with any dispute resolution once the agreement is in place.

How to handle a breach of a commercial lease

Under the Property Law Act 1974, A Notice to Remedy Breach can be issued to advise the other party of the potential breach and the prescribing action that needs to be taken.

A landlord is required to provide a tenant with sufficient time to resolve any breaches. Typically, a reasonable timeframe is 14 days. Tenants can also issue a Notice of Remedy Breach to their landlord, lessor or agent.

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Cairns Lawyers

07 4052 0700

Townsville Lawyers

07 4752 0200