Commercial Leases

Commercial lease lawyers for business owners and landlords

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Do you need legal advice for a commercial lease?

A commercial lease is more than just a piece of paper. It’s a binding agreement that can affect your business cash flow, flexibility, and future plans.

Whether you’re a landlord leasing out commercial premises or a business owner moving into a new space, One Law can help you review, draft or negotiate the lease. Our advice is always practical, timely and tailored to your unique goals

Frequently Asked Questions

1. Do I really need a lawyer for a commercial lease?

Yes, and here’s why: a commercial lease is one of the most important documents affecting your property or business. For landlords, it protects your investment and sets clear expectations with your tenant. For tenants, it determines your legal and financial obligations, potentially for several years.
Without legal advice, either party risks agreeing to unfair or unclear terms, missing critical protections, or breaching legal requirements. At One Law, we act for both landlords and tenants to ensure the lease reflects your goals, limits your risks, and complies with NSW law.

In NSW, retail leases are governed by the Retail Leases Act 1994, which provides additional protections for tenants operating a retail business. These include mandatory disclosure statements, minimum lease terms, and rules about charging certain costs.
Commercial leases apply to other types of property — like offices, industrial spaces, warehouses and non-retail businesses. These leases are more flexible but come with fewer legal protections.
If you’re unsure which category your lease falls into, we can quickly advise you and help ensure the right rules are followed.

Yes — and they should be. A well-drafted lease isn’t one-size-fits-all. It should be tailored to the unique needs of the landlord, tenant and premises.
As a landlord, you might want to ensure the lease protects you against unpaid rent, damage, or unauthorised use. As a tenant, you might want flexibility on lease length, fit-out rights, or early termination options.
We work with both sides to negotiate and draft leases that are clear, balanced, and aligned with your long-term interests.

Leases longer than 3 years must be in writing to be enforceable and registerable. Even if shorter, verbal agreements are risky — they often lead to confusion, disagreements, and lack of evidence if disputes arise.
For landlords, not having a written lease means losing control over your property. For tenants, it means uncertainty about your rights, rent, and obligations.
We strongly recommend formalising all commercial lease arrangements. We can draft or review a lease quickly to ensure both parties are protected.

This varies from lease to lease, and clarity is critical.
Landlords usually want to pass on costs like council rates, water, insurance, and common area maintenance. Tenants often agree, but only if those outgoings are clearly listed and fair.
Ambiguity leads to disputes. That’s why we ensure your lease sets out exactly who pays for what — from minor repairs to structural issues. We help landlords structure outgoings transparently and help tenants avoid hidden costs.

Yes, but only in certain circumstances — and the process must be handled carefully.
For tenants, early termination might occur through a negotiated break clause, assignment (transferring the lease to a new tenant), or mutual agreement. For landlords, early termination might arise if the tenant breaches the lease.
Either way, termination without proper legal grounds can lead to claims for loss or damages. We advise both landlords and tenants on their legal rights, the safest way forward, and the best strategy to protect their interests.

A strong commercial lease should cover:

  • Rent amount, payment terms, and review mechanisms (e.g. CPI or market reviews)
  • Term of the lease and renewal options
  • Permitted use of premises
  • Fit-out permissions and conditions
  • Outgoings and who pays for them
  • Insurance obligations
  • Repairs and maintenance responsibilities
  • Make-good obligations at lease end
  • Default and termination procedures
    We ensure your lease includes all essential clauses and that they’re fair, enforceable, and clearly worded.

A personal guarantee means a director or individual agrees to personally meet the obligations of a tenant company. If the company can’t pay rent or causes damage, the guarantor is liable.
For landlords, this adds financial security. For tenants, it’s a significant risk — and shouldn’t be agreed to without understanding the full consequences.
We help landlords draft enforceable guarantees and advise tenants on whether to accept, negotiate, or limit them.

Lease breaches can happen — unpaid rent, damage to the premises, unauthorised changes, or failure to maintain the property.
For landlords, you may be entitled to issue a breach notice and eventually re-enter the property. For tenants, you may have grounds to seek compensation or terminate the lease if the landlord fails to meet their obligations.
We help both parties resolve issues efficiently — whether through negotiation, formal notices, or legal action if needed.

Yes, if the lease allows it — or if the landlord consents.
Subleasing can help tenants manage costs by leasing unused space. Assignment allows a tenant to transfer their lease to someone else. Landlords typically require a formal request and retain discretion to approve or reject.
We assist with preparing or reviewing subleases and assignments to ensure all parties are legally protected and the lease terms are followed.

When a lease ends, tenants must usually:

  • Vacate the premises
  • Remove fit-outs (if required)
  • Repair any damage
  • “Make good” the premises to its original state (as defined in the lease)
    Landlords will typically inspect the property and check compliance with end-of-lease obligations.
    We help tenants understand and prepare for these obligations and assist landlords in enforcing them fairly and lawfully.

Our fees are competitive, transparent, and tailored to your needs. Whether you need a lease reviewed, negotiated, drafted or enforced — we’ll give you a clear cost estimate upfront.
We also offer a 20-minute obligation-free phone consultation, so you can speak to an experienced lawyer before committing.
Protecting your business or property from the start is a smart investment — contact us today to get started.

Legal support for commercial tenants
  • Review proposed lease agreements
  • Negotiate lease terms that protect your business
  • Advise on rent, outgoings, security bonds and rent reviews
  • Explain options to renew or terminate early
  • Assist with lease assignments and subleasing
  • Ensure your rights around fit-outs and maintenance are protected
  • Guide you on “make good” obligations and end-of-lease terms
  • Help with landlord disputes or access issues
  • Ensure compliance with council approvals or DA conditions
  • Review and explain personal guarantees or directors' liabilities
Legal support for commercial landlords
  • Draft tailored commercial lease agreements
  • Negotiate lease terms with prospective tenants
  • Prepare special conditions to protect your investment
  • Ensure lease documents meet legal compliance
  • Advise on bonds, rent reviews, indemnities and insurances
  • Enforce lease terms or deal with breach of lease
  • Provide advice during disputes or default scenarios
  • Assist with lease transfers or renewals
  • Guide you on landlord rights in event of sale of property

Why choose Greenline Legal?

Our commercial lease lawyers know what’s at stake in a leasing transaction. We take the time to understand your goals and provide legal advice that’s commercial, not just legal.

We also believe legal advice should be accessible — so we offer competitive pricing and an obligation-free 20-minute phone consultation to get you started.

Our Process

1. Meet with us

We'll listen to your needs and learn about your property or business. You’ll leave with clarity about your next steps.

2. Review or draft your lease

We’ll review existing documents or draft a commercial lease from scratch — always tailored to your transaction.

3. Negotiate lease terms

We’ll negotiate directly with the other party to protect your interests and ensure a fair deal.

4. Finalise and execute

We’ll finalise the documents and ensure the lease is properly executed and (if needed) registered.

5. Ongoing support

We’ll be there to support you if any issues arise — whether it’s a dispute, default, or lease renewal.

Proud Partners of One Law

Delivering comprehensive legal services, our company is dedicated to providing expert guidance and solutions tailored to meet the unique needs of our clients.