Commercial Lease Agreement (Non-Retail) (NSW)
A Commercial Lease Agreement (Non-Retail) is a legal document that can be used when a commercial property is being leased out in NSW.
4.5 (125 reviews)
Last updated January 13, 2025
Under 20 minutes
Suitable for New South Wales only
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
You MUST seek advice from a qualified professional before using this lease to check that it meets your specific circumstances. A Commercial Lease Agreement (Non-Retail) is a legal document that can be used when a commercial property is being rented from a landlord (lessor) to a tenant (lessee). This document will create a legal relationship between the landlord and tenant; and will allow the parties to the agreement to outline the terms, rights and legal obligations of both the landlord and tenant under the lease.
It is important to note that this Commercial Lease Agreement (Non-Retail) is NOT designed for retail leases. This is because retail leases generally have more restrictions than commercial leases, and that some commercial properties can only be rented through a retail lease and not a commercial lease. By way of an example, retail shops and similar businesses will usually require a ‘retail lease’. Whereas, other commercial properties such as factories, warehouses or scrap yard will likely require a ‘commercial lease’.
Generally, whether a property can only be rented through a retail lease will usually depend on questions relating to the size of the property being leased and/or what the property is going to be used for under the lease. As the exact requirements for retail leases do vary with each state and territory, we recommend that this Agreement only be applied to leases in NSW.
A completed Form 07L must be attached to this lease for it to be valid. This form can be found on the NSW Land Registry Services website.
The Legal Risk Score of a Commercial Lease Agreement (Non-Retail) (NSW) Template
Our legal team have marked this document as medium risk considering:
- The document stipulates that lessees must comply with various financial obligations, including payment of rent, lessee's proportion of lessor's outgoings, and other charges, which may be subject to adjustments and estimations that could vary significantly, impacting the lessee's financial planning.
- The document must be drafted and administered in a compliant manner in order for it to be valid.
- The lease restricts the lessee's ability to alter or use the premises for purposes other than those explicitly permitted, which could limit operational flexibility and growth opportunities for businesses. Overall, it is drafted in favour of the lessor.
Commercial Lease Agreement (Non-Retail) (NSW) Checklist
Complete your free Commercial Lease Agreement (Non-Retail) (NSW) with our checklist
Review by Legal Professional
Ensure the document is reviewed by a lawyer on the Lawpath platform to confirm that all terms align with legal requirements and protect your interests.
Sign and Witness
Both parties should sign the lease in the presence of a witness to validate the execution of the document.
Attach a form 07L
This is necessary for the lease to be valid.
Distribute Copies
Distribute copies of the signed lease to all parties involved, including any guarantors, to ensure everyone has access to the agreed terms.
Use this Commercial Lease Agreement (Non-Retail) If:
- You want to lease a commercial property, such as a warehouse, factory or yard which is not a retail space such as a store.
- You want to ensure that your commercial property is used in a manner that was intended or agreed upon
- You want the other party to be aware of the conditions of the property’s use and the consequences of non-compliance with those conditions.
What does this Commercial Lease Agreement (Non-Retail) Cover?
- Landlord and tenant identities
- Property being leased
- Tenant conditions
- Length of the lease
- Option to renew the lease or sublease
- Rent amount and frequency of payments
- Termination conditions
- Rights after a breach
Further Information:
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