DOCET LEGAL

A free resource from DOCET LEGAL

Pre-signing commercial lease checklist

21 things to confirm before you sign. Free. Designed to print as a one-page legal document.

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This checklist is general information. It is not legal advice on any specific lease. For advice on the lease in front of you, speak to a lawyer.

01 The deal

  • Premises and permitted use match what you intend to do (not just what the agent verbally agreed).
  • Term, options to renew, and the trigger date for exercising each option.
  • Commencement rent, rent-free periods, and any documented incentive (cash, fitout contribution, abatements).
  • Rent review mechanism (CPI, fixed, market) and whether reviews ratchet (i.e. cannot decrease).
  • Outgoings: which categories you pay, and whether land tax, capital works, and management fees are included or excluded.
  • Bank guarantee or security bond: amount, return conditions, and whether it is held by the landlord or in trust.

02 Your obligations

  • Repair and maintenance: what is the tenant's responsibility, and what remains the landlord's.
  • Make-good clause: read the specific words. Note whether the standard is original, base-building, or a schedule.
  • Insurance: types and amounts required, and who must be noted as interested.
  • Permitted alterations and whether landlord consent can be withheld.
  • Trading hours, signage, and any usage restrictions.

03 Risk and exit

  • Assignment of lease (selling the business): the test the landlord can apply, and any fee or surcharge.
  • Subletting: permitted, prohibited, or subject to landlord consent.
  • Default events and the cure period before the landlord can terminate.
  • Personal guarantees: who gives them, the cap, the duration, and whether they survive assignment.
  • Force majeure / abatement: whether rent is reduced if the premises become unusable.
  • Holding over after expiry: at what rent, and on what notice either side can end the tenancy.

04 Disclosure and process

  • For retail leases: landlord's disclosure statement provided at least 7 days before signing (Retail Leases Act 1994 (NSW)).
  • All representations relied on are recorded in writing.
  • Plans and schedules referenced in the lease are attached and current.
  • GST treatment of rent, outgoings, and contributions is clear.

Prepared by DOCET LEGAL (https://docetlegal.com.au). Last reviewed 27 May 2026.