Commercial Lease Lawyers for Tenants
Commercial lease lawyers for tenants review, negotiate, and protect lease deals for businesses occupying retail, office, and industrial premises. We act for tenants across Australia at every stage, from the first heads of agreement through to lease exit or dispute.
Most commercial leases are drafted by the landlord’s solicitor and run heavily in the landlord’s favour. Our job is to even the playing field: flag the clauses that will hurt your business, negotiate better terms, and make sure you understand exactly what you’re signing. The Victorian Small Business Commission is a useful starting point for understanding tenant rights under the Retail Leases Act 2003 (Vic).
How we help tenants
Lease review and negotiation
We read the proposed lease and disclosure statement in full, write you a plain-English advice with the issues ranked, and negotiate the amendments directly with the landlord’s solicitor. We focus on the clauses that most affect tenants: rent reviews, outgoings, permitted use, make good, security, assignment rights, demolition, and the option to renew.
See: Tenant Lease Review
Heads of agreement and incentives
The best time to fix a lease is before the heads of agreement are signed. We help tenants negotiate incentives (rent free, fit-out contribution, cash) and lock in the right structure in the heads of agreement so the formal lease follows the deal.
See: Heads of Agreement
Renewal, options, and rent reviews
Missing the option to renew window can cost a tenant their premises. We diarise option dates, exercise options properly (in writing, on time), and negotiate the renewal rent. On market rent reviews and CPI reviews, we check whether the increase is supported by the lease and the relevant retail leases legislation.
See: Options to Renew
Lease exit and surrender
If you need to leave early, we look at every available exit: assigning the lease to a buyer of your business, subletting, negotiating a deed of surrender, or relying on a landlord breach. We aim for the cleanest exit with the lowest exposure.
See: Lease Exit Strategies
Disputes with the landlord
Common tenant disputes we handle: outgoings overcharges, repair and maintenance failures, rent review challenges, make good claims at the end of the lease, return of the bank guarantee, and breach notices issued by the landlord. Many of these can be resolved through the relevant small business commissioner before they reach VCAT or the equivalent tribunal.
Tenant rights and remedies
We advise on quiet enjoyment, the landlord’s repair obligations, statutory remedies under the relevant state retail leases Act, and any prohibited terms in the lease.
See: Tenant Rights and Remedies
Common issues we fix for tenants
- Open-ended outgoings clauses that pass through more than the law allows
- Ratchet rent reviews that mean rent can only go up
- Personal guarantees with no release point, even after assignment
- Make good clauses requiring full strip out when the tenant inherited the fit-out
- Permitted use too narrow for the business’s actual trading plans
- Demolition clauses with short notice and no compensation
- Bank guarantees the landlord won’t return after the lease ends
- Incentive deeds with clawback if the tenant exits early
How we work with tenants
Most tenant work runs on fixed fees. A lease review of a standard commercial lease is a flat price. Negotiation is scoped after we see the lease, so you know the cost before we engage with the landlord. Disputes are scoped in stages.
We work the way businesses actually move: turnaround in days not weeks, and clear advice you can act on without re-reading.
Who we act for
- Retailers and hospitality operators
- Professional services firms taking office space
- Light industrial, manufacturing, and warehouse tenants
- Allied health and medical practices
- Franchisees signing a lease as part of a franchise system
- Tech and creative businesses scaling into new premises
Frequently asked questions
Should I get a lawyer to review my commercial lease before I sign?
Yes. The lease commits the business to years of rent and a long list of obligations, almost all drafted by the landlord. A fixed-fee review is a small cost relative to that exposure and far cheaper than dealing with a problem after signing.
Can I negotiate a commercial lease?
Yes. Most landlords expect it. Realistic items to negotiate include rent free periods, fit-out contributions, the rent review mechanism, make good scope, the option to renew, the permitted use, assignment rights, and the security amount. What’s achievable depends on the market and the landlord.
What is a disclosure statement and do I need one?
If you’re taking a retail lease, the landlord must give you a disclosure statement before the lease is signed (timing varies by state). It summarises the financial and operational terms. If it’s missing, late, or materially wrong, you may have a statutory right to terminate or claim compensation.
What happens if I want to exit a lease early?
Most leases don’t include an automatic break right. Common exits are assignment to a buyer of your business, subletting, or negotiating a deed of surrender with the landlord. Each comes with its own cost and risk profile, which we work through with you.
Can the landlord increase the rent at any time?
No. Rent can only be reviewed in the way the lease permits, generally at fixed intervals using a fixed percentage, CPI, market review, or a hybrid. For retail leases, the relevant Act often imposes extra rules, including a ban on more than one type of review in the same year.
Do I have to give a personal guarantee?
Often yes, especially if the tenant is a new company. We negotiate the scope of the guarantee where possible, including capping it, adding a release on assignment, and excluding holdover periods.
What is “make good” and how much will it cost me?
Make good is the work you need to do at the end of the lease to return the premises in the agreed condition. It can range from broom-clean and patch any holes through to full reinstatement to base building. Always get the scope clear before signing, as make good can be one of the largest costs at the end of a lease.
How much does a commercial lease lawyer cost for tenants?
Lease reviews are quoted as a fixed fee depending on the length and complexity of the lease. Negotiation and disputes are scoped after we see the documents. There’s no charge for the initial conversation.
Talk to a commercial lease lawyer for tenants
Whether you’re signing a new lease, exercising an option, exiting early, or in dispute, send us the documents and we’ll come back with a fixed-fee quote and a clear next step.