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commercial lease Articles

Commercial Lease Disclosure Statements

by | Property & Leases

Can I get out of a commercial lease because I did not receive a disclosure statement? In South Australia, commercial tenants are protected by the Retail and Commercial Leases Act, 1995 (RCLA). The RCLA requires in Section 12 that a prospective tenant receive a Disclosure Statement from the landlord before the lease is signed. A… Read more »

How Long Does Your Commercial Lease Run?

by | Property & Leases

If you’re a tenant seeking commercial space, or a landlord leasing commercial space, note that the policy of the Retail and Commercial Leases Act 1995 is to give commercial tenants a minimum of 5 years, whatever the lease says. Sections 20B (1) and (2) of the Act state: “(1) The term for which a retail shop… Read more »

Welcome to Part 2 of my “Commercial Lease Negotiation Essentials” which looks at some other things that landlords and tenants should consider before signing an Agreement to Lease.  Lease terms are important to landlords for a number of reasons including that the value of the property will is directly related to the strength of the… Read more »

Unfortunately, as lawyers, we are usually asked to prepare or advise on Commercial Leases, Director Guarantees and Disclosure Statements after lease negotiations are complete and the parties have already committed to an Agreement to Lease (which is generally binding irrespective of whether a final lease is executed).   We can add significantly more value during (or preferably… Read more »