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’. However, this is dependent on the specific legislation relating to the leasing of commercial properties, which varies from each state and territory in Australia. You MUST seek advice from a qualified professional before using this lease to check that it meets your specific circumstances.

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. However, again, the exact requirements for retail leases do vary from each state and territory and the parties to a Commercial Lease Agreement (Non-Retail) must be aware of these requirements in the state and/or territory in which the property exists.

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:

• What’s the Difference Between a Commercial Lease and a Retail Lease?

• Is it Necessary to Register a Commercial Lease?