Legal services
Commercial and Retail Leases
Direct answer
How can a lawyer assist with a commercial or retail lease?
A lease lawyer can prepare or review the lease documents, explain the rent, outgoings, use, option, repair, make-good, security and assignment provisions, and assist with negotiations and signing. Cimino & Cimino acts for Victorian landlords and tenants, subject to conflict and engagement checks.
When to act: Obtain advice before signing an offer to lease, heads of agreement, disclosure statement, lease, renewal, assignment or guarantee. Early advice provides the best opportunity to address unacceptable terms.
Published professional fees
Pricing
Victorian retail or commercial lease
$1,650 + GST + disbursements
For the standard lease scope where annual rent is less than $75,000, excluding GST and outgoings.
These fees apply to the stated standard scope. We will confirm the retainer, inclusions, exclusions, likely disbursements and any additional work before accepting instructions.
Lease work we can assist with
- Preparing or reviewing the lease and associated disclosure documents
- Advising on rent review, outgoings, permitted use, options and security
- Considering repairs, maintenance, insurance, assignment and make-good obligations
- Negotiating agreed amendments and documenting the final terms
- Assisting with renewals, assignments, transfers and landlord-consent requirements
- Identifying when the Retail Leases Act 2003 (Vic) may affect the transaction
How the matter usually progresses
Send the proposed terms
Provide the offer, heads of agreement, disclosure statement, draft lease and any existing lease or renewal documents.
Confirm the scope
We identify the client, premises, annual rent, transaction type, deadlines and work required.
Review or prepare
We prepare or review the documents and explain material obligations and risks within the agreed scope.
Negotiate and finalise
We address agreed amendments, coordinate the execution documents and confirm any immediate next steps.
What to send for an initial lease discussion
- Offer to lease or heads of agreement
- Draft lease and disclosure statement
- Any current lease, renewal, assignment or transfer documents
- The legal names of the landlord, tenant and any guarantors
- Annual rent, outgoings, term, options and proposed commencement date
Common questions
Frequently asked questions
Does the advertised fee cover every lease matter?
No. It applies to the stated standard scope and rent threshold. Complex negotiations, unusual documents, assignments, transfers, renewals, disputes, registration and additional work require a separate scope and fee.
Should a tenant obtain advice before signing an offer to lease?
Yes. An offer or heads of agreement may create obligations or materially influence the lease negotiations. Advice should be obtained before signing.
What is a make-good obligation?
It is an obligation concerning the condition in which the tenant must leave the premises at the end of the lease. Its extent depends on the agreed documents and should be checked before signing.
Further information
More about this service
As lawyers with decades of experience in preparing leases, we understand the importance of securing a solid lease agreement swiftly in today’s competitive market. Cimino & Cimino can assist you with the following:
Representing Landlords
- Drafting a lease for your review
- Preparing the formal lease, disclosure statement, and all other necessary documentation required under legislation.
- Providing a clear, step-by-step explanation of all points
- Arranging for the other party to sign on your behalf
- Managing the payment and collection of rental.
Representing tenants
- Review a lease provided to you by a potential landlord and advise you of the legal ramifications that you need to know.
- Where applicable, negotiate certain points of a lease in order to get you the appropriate terms.
Experience beyond the lease document
Beyond the wording of the actual lease contract, our lawyers can provide you with your specific rights regarding leases that only many years of experience can provide.
Call us to discuss your lease further.
Our team of professional commercial leasing lawyers has many decades of experience in these matters.
If you have any questions about our commercial leasing services, please get in touch with us to arrange an appointment with our commercial lease lawyers in Melbourne.
This page contains general information only and is not legal advice. The legal work and advice required depend on the documents, parties, transaction and current law. Other professional advice may also be required.
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