Signing a commercial lease is no trifling matter; it’s a legally-binding agreement with serious financial strings attached.

A commercial lease is an agreement between the owner of a commercial property and someone who wants exclusive use of it for a set period. It normally applies to an office, warehouse or factory. The success or failure of a business can hang on the terms of a lease, so knowing what to look for before signing one is just as important as finding the right commercial property to rent in the first place.

Each Australian state and territory has its own legislation governing leases, but the list of things lessees need to know is pretty universal.

Read the lease closely and understand the terms

Business Victoria (www.business.vic.gov.au) has a checklist of what questions to ask before signing a commercial lease. It includes the following:

Seek legal advice before signing the lease

A legal advisor should check that the landlord owns the property they are attempting to lease and confirm which part of the property is being leased. This last step is important if there are multiple tenants.

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Understand negotiation is possible with a commercial lease

Unlike a residential lease, a commercial lease can be negotiated. Because the terms can vary between premises and landlords, it’s recommended that you seek legal advice when negotiating key terms, particularly around rent and options to renew.

An experienced legal advisor can also help negotiate the wording of incentive terms, including those pertaining to the fit-out, rent, signage, marketing and advertising fees, and profit-sharing arrangements.

The ability to negotiate depends on how long the property has been vacant, how eager the landlord is to find a tenant, and how many other potential parties are trying to secure the property.

Document everything to avoid issues at the end

Commercial lease disputes usually centre around what happens at the end of a lease. Typically, disputes arise about who should be held responsible for removing the fit-out, overseeing repairs and maintenance, and removing the signage and advertising.

Options to renew for a further term and the mechanism for calculating rental price increases are two other common sticking points. Parties often forget what they have negotiated over time, and 12 months into a lease, it can be difficult to remember. Documenting any agreements in a lease can avoid costly and stressful back-and-forth between the tenant and landlord down the track.

If you’re considering leasing a space for your business, or if you’re considering moving to a new space, it may be worth having a chat with an expert before you make any decisions.

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