Can I assign a commercial lease?

Most Leases can be assigned however only if the Lessor consents to the assignment. Assignments can often become complex transactions where there are 3 or more parties with varying interests involved. It is advisable that all parties are legally represented as continuing obligations may leave parties exposed after the transaction.

If I have a commercial lease dispute, will I need to go to court?

Not necessarily. A dispute may be resolved via mediation but if it does go to court, both parties need to attend. The lease document itself will determine what is required, what process must be followed and who will be liable to pay the legal costs for the mediation.

Can I evict a tenant for not paying their rent?

A tenant can be evicted for non-payment of rent and the process of how it should be done will be outlined within the lease document. Normally you would be required to prepare a notice in accordance with the applicable legislation and follow the correct procedure. You may otherwise be breaching the lease yourself. It is advisable to use the services of an experienced lease lawyer and in most circumstances, you can recover the legal costs associated with issuing the notices and any further action that may be required.

Is there a minimum term for a lease?

There are no restrictions for Commercial Leases and they can be for any length of time. If a Retail lease commenced before 2016 then it must be for a minimum of 5 years. After 2016 there is no minimum time.

Can I get out of a lease that has already been signed?

Usually not, however, an experienced commercial or retail lease lawyer may be able to renegotiate with the landlord or tenant. Alternatively, there may be other options that can be explored if there are issues with the property or the disclosures made when entering into the lease. It is best to have an experienced lawyer review the lease and any associated documents to determine if there are any breaches of the lease or other statutory regulations.

Can I renegotiate the terms of a lease once it has commenced?

No, once has lease has been signed it becomes a legally binding document on all parties, that is why you should seek advice from an experienced lease lawyer prior to signing any documents.

What should u do if there is a dispute?

First, find your lease documents and immediately forward them to your lease lawyer to ensure that you have complied with the requirements and you are not in breach of any provisions. Secondly, make sure that you don’t commit to any resolutions without first obtaining legal advice from your lease lawyer, as you may be agreeing to something that will cause further problems. Then, obtain legal advice about negotiation, mediation, and court action.

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Retail and Commercial Leases

Commercial Lease Lawyer - Retail and Commercial - Sydney Lawyer

Retail and Commercial Leases

If you are seeking the services of a retail lease lawyer or commercial lease lawyer, ensure you make the right choice and gain advice and guidance from an expert. Harbourside Legal Commercial provides comprehensive support for landlords and tenants across the Sydney area, for all retail and commercial lease matters. Further, we offer fixed fee leasing … Continue reading Retail and Commercial Leases

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Finding the right Commercial Legal Team is a task in itself. At Harbourside Commercial Lawyers Sydney get the right help and advice for your legal matters. Contact Harbourside Commercial Lawyers Sydney for more information.
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