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Commercial lease agreements

Helping you succeed in commercial property lease agreements

Commercial leases that everybody can agree to

A commercial lease agreement is a legally enforceable contract between a lessor and lessee outlining the commercial use of a property. These commercial properties can include industrial complexes, factories, warehouses, office space, kitchens, and restaurants.

AANDI Lawyers understands the significance of commercial lease agreements, and how they can affect the running of a business. We perform detail due diligence for landlords and tenants to ensure that parties understand their rights and obligations under the law. Having a commercial lease agreement lawyer by your side can help you succeed in negotiations, and in the event of a commercial lease dispute.

As a client of ours, we can help you navigate:

  • Details of lessor, lessee, and premises
  • Term of lease and lease amount
  • Permitted use of property
  • Maintenance and repairs agreements
  • Common areas
  • Lease renewal and subletting
  • Dispute resolution

Get expert legal advice for your commercial and retail lease agreements

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Who is AANDI?

AANDI Lawyers was founded in 2014 to offer superior services in a range of dispute matters. We started out by helping clients in Victoria with motor vehicle and property damage claims. Since then, we have expanded our service offer to cover all kinds of litigation matters, all across the country.

When it comes to commercial and retail lease agreements, we want what's best for you. We will always put your interests first to ensure that matters are resolved quickly. As a client of ours, you'll always receive clear, honest advice. We will work with you to ensure that you fully understand your position.

Learn more about AANDI

Quality advice for less

Commercial lease agreements mean business. For these matters, we have fixed fees, meaning you can focus on the business that's important to you.

Protecting your interests

While we protect your interests in commercial and retail lease agreements, we will also advise you on the responsibilities you must uphold.

Open and honest advice

We value transparency highly. We will always deliver clear, concise, and accurate advice to get your matter resolved efficiently.

How we can help commercial lease agreement clients

We will work with you from the very beginning to ensure that the terms and conditions of a new lease agreement are fair for both parties.


Following a review, we will advise you on exactly what you are entitled to, and responsible for, under the lease agreement. This relationship will continue throughout the duration of the lease.


We can help you find the best possible position in negotiations of commercial and retail leases. We can also negotiate with the other party on your behalf.


Breaches and disagreements can sometimes require mediation. If this happens in the course of your commercial lease agreement, we can act on your behalf in front of a private mediator.


We are here to help you get back to business. We will look to resolve your commercial or retail lease agreement quickly, limiting the impact on energy, time, and resources.


Contact us

Get expert legal advice for commercial and retail leases

Talk to our lawyers about your lease and the terms you need. We can help get all the correct clauses to protect your business. Get in touch to contact the best commercial and retail lease layers in Melbourne.

(03) 9813 4290
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What are the elements of commercial lease agreements?

There are many terms and provisions covered in a commercial lease that determine the rights and responsibilities of lessors and lessees. When these rights and responsibilities are impinged or disregarded, commercial and retail lease agreements can be breached. When this happens, parties must come together to resolve a dispute privately, through mediation, or through the courts.

Here are the elements covered in commercial lease agreements:

  • The lease itself, which can take the form of a periodic tenancy or automatic renewal
  • The rent and the terms through which it can be paid. Rent can be charged as a fixed rate, or as a net lease
  • Utilities and outgoings, where a tenant may have to pay directly for utilities, or for their share of maintenance, taxes, or advertising
  • Building maintenance, which determines who is responsible for maintaining the premises, and whether a tenant can make improvements
  • Security deposits at the start of a lease, and period property inspections
  • Insurance for both landlord and tenant property. Personal injury and public liability is also usually covered
  • Signing incentives, for example, like a free month's worth of rent for a signature


Important information related to COVID-19

Now that the COVID-19 pandemic is slowly coming to an end, businesses looking to begin new commercial lease agreements need to be aware of the currently legal environment surrounding the protection of tenant and landlord rights.

Commercial tenants are now no longer entitled to rent relief under Victorian law. However, there are still avenues available to businesses that need guidance in negotiating commercial lease agreements.

Here's what you need to know about the current COVID-19 environment with regards to retail lease agreements:

  • Commercial leasing principles are governed by a national Code of Conduct
  • Landlords and tenants are required to act in good faith
  • Tenants can access rent relief (rent that is never to be repaid)
  • Tenants can access rent waivers (rent to be paid in future)
  • Mediation and VCAT are likely endpoints for many disputes

Your questions answered

Are there any differences between residential and commercial lease agreements?

Yes, there are many differences between residential leases and commercial leases. Commercial leases are used for business properties, such as offices, workshops, and warehouses, while residential leases are used for personal housing. Different states have different legislation that applies to commercial leases and residential leases. Tenant and landlord protections also vary from state to state, so it's best to get in touch with AANDI Lawyers for specifics.

What protections do tenants get when signing a lease agreement?

Under the law, tenants are afforded many protections when they sign a lease, including:

  • The ability to access cost-effective mediation through the Victorian Small Business Commission
  • Disclosure statements for new terms in a commercial retail lease
  • Prohibition on landlords seeking reimbursement for safety measure, repairs, land tax, and legal costs
  • Minimum 5-year terms for leases
  • Outgoings can only be charged to a tenant if they are estimated before the lease is signed
What's involved in a commercial lease agreement or contract?

There are four key considerations to ensure that a commercial lease agreement is legally binding.

  1. Offer: Like any contract, an offer is where parties indicate a willingness to enter a contract under certain terms. When the offer is accepted, the contract is binding.
  2. Acceptance: The offer must be clearly agreed upon in a statement, usually produced by the lessee.
  3. Intention: Both parties must enter into the agreement under the proviso that they intend to create a legally binding agreement.
  4. Consideration: This is the price asked by the lessor (or landlord) in exchange for terms in the contract.
What are some types of commercial property governed by commercial lease agreements?

Commercial property is any type of land or building that is used to generate money. Usually, this is in the selling of goods or providing of services. Here are some of the most prominent types of commercial properties:

  • Industrial buildings for manufacturing, like factories and workshops
  • Office spaces, from single suites, to entire buildings and office parks
  • Retail stores — physical shopfronts where goods and services are delivered
  • Restaurants and bars where food and beverages are sold under licensing
  • Warehouses for the storing of goods and wholesale selling of goods
  • Other commercial properties, such as commercial kitchens