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Free Commercial Lease
Agreement Template

Lease commercial property with a professional agreement covering rent, outgoings, fit-out, and make-good. AI customises every clause with your details.

What's Included

Premises & Permitted Use

Property description, permitted use of premises, and any restrictions on business activity.

Rent & Reviews

Base rent, payment frequency, annual rent review mechanism (CPI, fixed percentage, or market).

Outgoings

Detailed breakdown of recoverable outgoings including rates, insurance, and management fees.

Lease Term & Options

Initial term, option periods, and conditions for exercising renewal options.

Fit-Out & Make Good

Tenant fit-out rights, landlord consent requirements, and make-good obligations at lease end.

Assignment & Subletting

Conditions under which the tenant may assign or sublet, and landlord consent requirements.

Who Needs This Template?

Landlords Leasing Commercial Space

Create professional lease agreements for offices, retail, or industrial premises.

Small Businesses Signing a Lease

Understand the terms before signing. Use this as a reference or propose your own agreement.

Property Managers & Real Estate Agents

Standardise commercial lease agreements across your portfolio and send for signing online.

How It Works

1

Choose This Template

Select the commercial lease agreement from our library.

2

AI Customises It

Gemini AI fills in property address, rent, outgoings, and lease terms. Every placeholder is removed.

3

Send for Signing

Review the lease and send to the tenant. They sign electronically from any device.

Commercial Lease Agreements in Australia: A Practical Guide

A commercial lease is the contract under which a business occupies premises owned by a landlord, whether an office, a shop, or an industrial unit. Unlike residential tenancies, commercial leasing is largely a matter of negotiation between the parties, with relatively few statutory protections. That freedom makes a precise, well-drafted lease critical, because almost every commercial term, from rent reviews to who pays for repairs, is decided by what the document says rather than by a default rulebook.

When do you need one?

A commercial lease is needed whenever a business takes space from a landlord for more than a casual arrangement. Landlords leasing offices, retail, or warehouse space rely on it to define their return and protect their asset, while tenant businesses use it to lock in occupancy and understand their true costs. Property managers and agents use standardised leases across a portfolio to keep terms consistent.

The key clauses every lease should contain

A complete commercial lease describes the premises and permitted use, sets the base rent and the rent review mechanism, and itemises which outgoings the tenant must pay and how they are reconciled. It should cover the term and any option periods, fit-out rights and landlord consent, make-good obligations at the end, repair and maintenance responsibilities, insurance, assignment and subletting rules, and default and termination provisions. Because these terms are negotiated rather than prescribed, clarity here prevents most disputes.

Retail leases, stamp duty, and state differences

If the premises are retail, the lease may be caught by your state or territory's Retail Leases Act, which adds tenant protections and disclosure requirements that differ across jurisdictions. Stamp duty treatment of leases also varies by state, and some leases attract duty or registration fees. Leases over a certain length (commonly three years) may need to be registered on title with the state land registry, which brings extra execution requirements. Always check the rules for the state where the property sits.

Signing and common mistakes

A commercial lease can be signed electronically under the Electronic Transactions Act 1999 (Cth), though registered leases may need additional steps. The most common mistakes are vague outgoings clauses, an undefined make-good standard, a rent review mechanism with no dispute process, missing the retail leasing disclosure obligations, and overlooking registration for longer terms. Pinning down outgoings, make-good, and rent reviews precisely is the single best way to avoid costly arguments later.

This page is general information about commercial leases in Australia and is not legal advice. Retail leasing, stamp duty, and registration rules vary by state and territory. For significant leases, seek advice from a qualified Australian property lawyer.

Frequently Asked Questions

How is a commercial lease different from a residential lease?

Commercial leases have far fewer statutory protections than residential tenancies. There is generally no mandatory standard form, and the parties negotiate rent reviews, outgoings, fit-out contributions, and make-good obligations directly. Because so much is left to negotiation, a clear, well-drafted lease is essential to avoid disputes.

Do retail leases have extra protections?

Yes. If the premises are used for retail, the lease may fall under your state or territory's Retail Leases Act, which adds tenant protections such as mandatory disclosure statements, minimum terms, and limits on certain costs. Retail tenancy laws differ between jurisdictions, so confirm whether your premises are caught and what disclosure is required before signing.

What are outgoings and who pays them?

Outgoings are the property's operating costs (council rates, water rates, insurance, management fees, and maintenance) that a landlord may pass on to the tenant. The lease should state which outgoings are recoverable, whether they are included in rent or charged separately, and how they are estimated and reconciled each year, so the tenant knows the true cost of occupying the space.

How do rent reviews work?

Commercial rent is usually reviewed annually using a defined mechanism: a fixed percentage increase, movement in CPI, or a market review. The lease must state the method and timing clearly. Market reviews can be contentious, so include a process for resolving disagreements, such as an independent valuer.

Does a commercial lease need to be registered or witnessed?

Electronic signatures are valid for commercial leases under the Electronic Transactions Act 1999 (Cth). Leases over a certain length (often three years) may need to be registered on title with the state land registry, which can involve additional execution and form requirements. Check your state's registration rules, especially for longer terms, and seek advice for registered leases.

What is a make-good obligation?

A make-good clause requires the tenant to return the premises to an agreed condition at the end of the lease, which can mean removing fit-out and reinstating the space. Make-good can be a significant cost, so the standard should be defined precisely (for example, by reference to a condition report taken at the start) to avoid an end-of-lease dispute.

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