Commercial Lease Agreements
At Karolidis & Co our leasing lawyers will assist you with the drafting or reviewing any lease agreement, including retail and commercial leases.
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Leasing lawyer in Melbourne
Looking for an experienced and efficient leasing lawyer in Melbourne? Our leasing lawyers will assist you with the drafting or reviewing any lease agreement, including retail and commercial leases.
In comparison to residential leasing, commercial lease agreements are not all standard form and often contain complex legal provisions that may crucially affect the legal position of both the landlord and tenant. In Victoria, retail leases are governed by the Retail Leases Act 2003 and impose a number of obligations on the landlord that must be complied with.
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How we can help
We work with small businesses Australia wide located from our office located in Glenroy . Our team can assist with negotiating a commercial lease, fixtures and fit-out terms, costs and assignment of lease. We can also assist when and if there has been a breach of a commercial lease agreement
Penalties for non-compliance with the Retail Leases Act include the tenant having the right to exit the arrangement, compensation for damages and financial fines under the Act. Accordingly, it is prudent to ensure you engage a competent leasing lawyer to assist you to understand your obligations and to prepare the respective leases and disclosure statements during a new lease and upon renewal/exercise of an option by the tenant.
Why Choose Us
As a boutique legal and accounting firm, we provide a complete business solution for small and medium sized businesses
Tax and legal at the same place! No need to see a lawyer and then explain the circumstances to your accountant separately
Specialists in business law, property and tax – we deal with all tax and legal aspects of business on daily basis.
Tech-savy – unlike some “old-school” solicitors – we leverage technology to provide you and your business with cost efficient services.
As a boutique firm – you will be dealing with the same small team of advisors-meaning you don’t speak to a new person everytime you call.
Dedicated lawyer and accountant – our principal supervises all matters directly.
Retail leases in Victoria are governed by the Retail Leases Act 2003 (RLA), which sets out the rights and obligations of landlords and tenants in the retail sector. This legislation applies to most retail businesses that operate in Victoria, including shops, offices, and warehouses. The RLA is designed to ensure that retail leases are fair and equitable for both landlords and tenants, and to prevent disputes.
On the other hand, Non-retail or Commercial leases are not governed by the RLA, but instead by the common law and the principles of contract law. Even though there is no specific legislation in Victoria that governs non-retail leases, there are still several key aspects of the lease that need to be considered.
One of the main aspects to consider when drafting a retail lease is the length of the lease. The RLA requires that retail leases be for a minimum of five years, but it also allows for leases to be shorter or longer depending on the needs of the landlord and tenant. This is important to consider as it ensures that the tenant has enough time to recoup their investment and the landlord has a long-term tenant in their property.
Another important aspect to consider is the rent review process. There is a general expectation that there is a market rent review on renewal, and that landlords generally give written notice of the proposed increase at least 90 days before the change takes effect. This allows tenants to plan for any increases and to dispute them if they believe the increase is not fair and reasonable.
When it comes to non-retail leases the RLA does not provide protections and therefore commercial leases can be much more onerous on commercial tenants. Particular care needs to be had to the length of the lease, the rent amount, the terms of the rent review, and any other conditions or clauses that the landlord and tenant have agreed to. It’s important to consider the location and condition of the property, as well as the specific needs of the tenant, when determining the terms of the lease.
Another important aspect for non-retail leases is the repair and maintenance of the property. Landlords are responsible for maintaining the structural integrity of the property, while tenants are responsible for keeping the property in a clean and orderly condition. This includes ensuring that the property is not damaged, and that it is safe and healthy for employees and customers.
Nick provides legal and tax solutions to start-up/small businesses and individuals. Quite separate to law, Nick understandsbusiness and has hands-on experience launching and running start-up organisations, including some of Australia’s first group-purchasing and consumer power platforms.
Nick is on the Board of the Crowd Funding Institute of Australia and is a Founder & Director of successful Australian crowdfunding plaform OzCrowd.com.