Commercial Leases are usually registered on title by the equivalent of the land titles office in each state depending upon the term of the lease. The law does vary from state to state so we include easy to follow state specific registration instructions with each leasing kit.
Of course, the form provides a complete foundation for your own lease, however because it comes to you as a fully editable MS Word template you are free to edit the document by adding special requirements or deleting sections as you see fit. If you are unsure or have special requirements our in house lawyers will be happy to assist.
The Retail Leases Act in each state and territory sets out certain criteria that define a lease as commercial or retail. If your lease is a retail lease then the tenants receive additional rights and protections. Conversely landlords must meet certain obligations and if violated, may give the tenant the right to walk away from the lease or even seek compensation.
The Retail Leases Act in your state or territory contains a very specific definition, however, as a general rule, if the premises are predominantly used for;
then it will most likely come under the retail leases legislation.
Some states allow binding leases of less than 3 years to be made verbally under certain circumstances. This poses a particular danger to the landlord because allowing the tenant to move in early may support claims that a verbal lease was in place, which the landlord may find difficult to disprove.
Yes you can include options to extend the lease as you see fit. To take up an option, the lessee must notify the lessor in writing in accordance with the formal requirements set out in clause 9.
Responsibilities for the building and any Fixtures, fittings or equipment are often shared between landlord and tenant. The lease agreement should detail who is responsible for what.
A licence is generally not as formal as a lease and a licensee does not enjoy the same rights as a lessee. A lease grants the tenant a leasehold interest in the land a licence does not.
Generally, a lease is created whenever one person gives another:-
There are certain factors to consider when determining whether a licence has been created. The most important consideration is whether the right to possession is non-exclusive.
Non-exclusive possession of the premises points to a licence, whereas exclusive possession of a premises, or part of a premises, will usually be considered a lease.
Following are some examples of where a licence may be appropriate:-
If you want to learn more go to our article What’s the diffference between a lease and licence