Lease agreement

Retail & Commercial Leases

At AMC Lawyers we can guide landlords and tenants through the often complex administration that is Retail and Commercial leases.

The importance of professional help

Not all leases are created equal. Retail and commercial leases are far more complex than residential leases. Whether you are a landlord or a tenant, it is extremely important that the terms and conditions match your requirements and expectations.

At AMC Lawyers we can guide you through the terms of your lease to ensure there is no negative impact on your business.

Read the fine print

We can help you by:

  • Preparing a Retail or Commercial lease on your behalf
  • Clarifying the obligations of Landlords and Tenants
  • Acting for Tenants with negotiation of terms and signing of the lease
  • Advice on the difference between a Commercial and Retail lease
  • Acting for Landlords when renting out their property

Frequently Asked Questions

There are distinct legal differences between retail and commercial leases. Retail leases have governing legislation which is significantly more onerous on a landlord than that governing a commercial lease. The three main differences:

  • Retail leases prohibit landlords from charging tenants for the landlord’s legal fees associated with preparation of the lease or mortgagee consent
  • Retail leases have additional unconscionable conduct and misleading or deceptive conduct protections, and
  • Retail leases impose an obligation upon a landlord to provide a tenant with a disclosure statement at least seven days prior to entering into a lease, and failure to do so gives rise to a right of termination to the tenant

Commonly in the form of actual money and equivalent to one or two months rent, a security deposit is a sum, that the tenant agrees to provide to the landlord as a way to secure the tenant’s performance of their obligations under the lease. Retail lease legislation requires the landlord to lodge any security deposit with the Director-General of the Department of State and Regional Development.

Commercial leases do not require the landlord to deal with security deposits in the same way as retail leases. Commercial landlords may deal with the security deposit as they see fit provided it is paid in part or in full if required under the lease.

Typically a commercial lease is for premises which are engaged in the activity of buying and selling,  such as a warehouse, an industrial site, or an office which has no retail activity.

A retail lease applies to premises where the nature of the business is to sell goods such as a restaurant. They are generally found in shopping centres or areas where there are 5 or more shops co-located.

Office hours:

Weekdays: 9am – 5pm
Saturday: On request
Sunday: Closed


(02) 4960 9411

20 Queen St
Waratah West
NSW 2298

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