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.
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.
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
Length of the lease
Option to renew the lease or sublease
Rent amount and frequency of payments
Rights after a breach