Commercial Lease (Non-Retail)
A commercial lease helps safeguard your interests and prevent disputes during their tenancy by providing clear terms and conditions for their occupancy.
This do-it-yourself contract generator tool will quickly tailor a top-tier lease agreement to your specific needs and circumstances.
How does it work?
Our intuitive tool will guide you through the process step-by-step from start to finish. It’s quick, easy and simple to understand – just how legal documents ought to be.
The expert interview wizard will help you answer a few questions and prepare your document in the background. You’ll have your custom Commercial Lease (Non-retail) in 25 minutes or less.
When you’re done, print or download a PDF versions for you to review, customise or sign.
What is a Commercial Lease (Non-retail)?
This is an agreement for leasing any non-retail commercial property. Our tool gives you flexible options so this agreement can suit most non-retail uses like offices and warehousing.
When should I use the Commercial Lease (Non-retail)?
The Commercial Lease (Non-retail) should be used if you would like to set out the terms for the lease of any non-retail commercial property.
Non-retail commercial properties include warehouses, factories or yards which do not predominantly sell goods and services. This document ensures that your property is only used as intended or agreed upon.
What topics does the Commercial Lease (Non-retail) cover?
- Definitions and interpretation
- Conditions Precedent
- Lessee’s financial obligations
- Lessee’s Fit-Out
- Use of the Premises
- Maintenance and repairs
- Assignment and subletting
- Lessor’s covenants and rights
- Make-good obligations
- Damage, destruction and resumption
- Material Breach, termination and damages
- Special conditions
- Purchase Option
- Important notices
- Governing law and jurisdiction
What are the main decisions I need to make in creating a Commercial Lease (Non-retail) ?
- Do you want to include an option to renew?
The lessee’s option is premised on no default and must be exercised within a specified window of time before the lease expires. An exercised option will be binding on you. In a later section, you will be able to provide the rent payable and review mechanisms for the renewed term.
- Do you want to include a holding-over provision?
The holding-over provisions set out the terms for the lessee to continue occupying the premises after the lease has expired. With your consent, the lessee will continue occupying on a month-by-month basis. You will be able to specify the terms on rent, rent reviews and termination. All other terms of the initial lease will continue to apply.
- Do you want the lessee to pay for any of your outgoings?
You will be able to specify which outoings will be payable and how much are payable among other things.
- Do you want to review rent annually?
Our system will allow you to choose how the rent will be reviewed at the start of, and during, each option lease. The rent review methods include a percentage increase, CPI-based review, market-based review, or whichever yields greatest rent.
- Do you want to include security for the lease?
You can opt between a cash deposit or a bank guarantee.
- Do you want to include guarantors in this agreement?
You can add up to two.
- Do you want to include an indemnity clause?
This will make the lessee liable for any breach, negligence or third party claims.
- Do you want to include an option to purchase?
This gives the lessee the right, at any time before the lease ends, to require you to sell the premises to them art a predetermined price.
What other names does Commercial Lease (Non-retail) go by?
- Commercial Tenancy Agreement
- Business Lease Agreement
- Business Tenancy Agreement
- Non-retail Tenancy Agreement
- Non-Retail Lease
- Commercial lease agreement
- Commercial lease agreement form
- Non-Retail commercial Lease
- Commercial Lease (standard)
Frequently Asked Questions
This is an agreement for the lease of commercial, non-retail property only. It cannot be used for the lease of:
- non-commercial property (e.g., residential); or
- a retail shop (where goods and services are sold).
The lease of residential and retail premises are regulated by state legislation.
Generally, this document will be suitable for the lease of industrial or commercial premises, such as warehouses and offices, that are not used predominantly for the provision of retail goods or services.
You (the Landlord or Lessor) and the Lessees (the renters).
Typically, there is a single Lessor and a single Lessee. However, if multiple entities are acting together, you can name up to 5 Lessors and up to 5 Lessees.
If you name multiple parties on either side, they will hold their rights, and owe their obligations, jointly and severally.
You will need the following information:
- Parties: details about you and the lessees (tenants), including names, addresses, ACN for companies, and ABN where applicable.
- Premises: Particulars of the leased premises, including address, title and car parking spaces (if any). Plans and maps can be added as annexures. An annexure can also be added for a list of fixtures, fittings or plant and equipment to be included in the lease.
- Term: The commencement date, duration of the initial term and any options to renew.
- Rent & outgoings: The annual rent, rent reviews and outgoings payable by the lessee.
- Security: The amount and form of security that the lessee will need to provide.
- Guarantors: Particulars of any guarantors to be added, including names, addresses, ACN for companies, and ABN where applicable.
- Use of the Premises: Parties’ rights and obligations relating to: (i) permitted use of the premises; (ii) insurance; (iii) maintenance and repairs; (iv) assignment and sublease; (v) the lessor’s rights of entry; (vi) signage; and (vii) responsibilities for the costs of preparing this lease.
- Termination: Parties’ rights and obligations at the end of the lease and rights relating to early termination.
You can choose whether the lessee will have use of car parking spaces. Car parking spaces may be:
- part of the leased premises and therefore available to the lessee exclusively; or
- common to multiple properties and shared with other occupants.
Yes, you can attach details of the items belonging to the lessor that will be annexed in this lease.
Yes, you can customize this agreement to include the duration, limits and rental conditions of the lessee’s fitout rights.
Yes, you can. The parties can set the lease to only take effect when one or more of the following conditions are met:
- the lessor completing their purchase of the premises;
- the lessor obtaining approval for a change of use; and
- the lesse being granted license to operate their business at the premises.
A guarantor provides added protection, particularly when the lessee does not have sufficiently strong credentials. Each guarantor provides you with an alternative party to recover the lessee’s debts.
Ideally, a guarantor will have sufficient personal assets to be worth pursuing a debt-recovery action against when required.
If the lessee defaults, the guarantor becomes personally liable regardless of whether the lessee is capable of repaying.
The guarantor’s liabilities are not relinquished until the lease is terminated and all of the lessee’s obligations are fully satisfied. A director guarantor’s obligations are not relinquished by his or her resignation.
As an alternative, parties may wish to negotiate a larger security amount in place of a guarantee.
Not without your written consent or without satisfying conditions which you can set.
Lessee’s intention to vacate
You have the choice of whether the lessee must give written notice of an intention to vacate the premises upon or after termination of the lease. If so, you can state the notice period, eg, 3 months or 6 months.
Where no such notice is required, the lease will terminate on the last day, by which the lessee must yield up the premises.
Terminating a hold-over
Where the lessee enters into a holding-over period, the lessee can terminate the holding-over agreement with a notice. You can specify the required notice period, e.g. 3 months.
You can also terminate the holding-over with a notice to the lessee.
If desired, you can add a clause into the lease entitling you to terminate the lease if you wish to substantially demolish or renovate the premises.
To terminate for that reason, you will need to give at least 6 months’ notice (or at least 3 months’ notice if the remaining term of the lease is less than a year) and the Lessee will be entitled to terminate on 14 days’ notice during that period.
You can also add a schedule containing bespoke special conditions which entitle you to terminate the lease. We recommend reviewing these special conditions to see if they align with the definitions in the body of the lease
There are several signing options available. How you sign largely depends on where the parties are located and if they will attend signing together. You can print on paper and sign, or use electronic signature tools such as Docusign or Hellosign.
If you need any assistance please contact us directly, we would be happy to assist.
If you have any questions or are uncertain about any aspect of the document please do not sign it or use it, please contact us directly and we would be happy to assist
Absolutely! Get in touch with us and we can provide a fixed-fee price to review it.
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