Commercial leasing

Commercial leasing lawyers in Melbourne.

A lease is a long-term financial commitment dressed up as paperwork. CMK Legal in Richmond acts for tenants and landlords across retail, office, industrial and warehouse premises in Victoria, reviewing, negotiating, renewing, assigning and, when it comes to it, resolving disputes. You get plain-English advice on what the lease actually costs and what happens when circumstances change.

Solicitor-reviewed

Every lease is reviewed closely by a Victorian commercial lawyer.

Fast turnaround

Advice back within 2 to 3 business days in most cases.

Fixed fee, quoted first

You know the cost before we open the document.

Victorian leasing law

Advice grounded in the Retail Leases Act 2003 and VCAT practice.

What our commercial leasing team does.

We advise on the full life of a lease: the agreement to lease and disclosure statement before you commit, the lease terms themselves, variations and incentives during the term, options and renewals, assignments when a business changes hands, and make-good and bond release at the end.

For tenants, the focus is total occupancy cost, statutory protections under the Retail Leases Act 2003 (Vic) where it applies, and keeping exit routes open. For landlords, it is enforceable rent recovery, clean security, sensible repair obligations and documents that survive a sale of the property.

Most work is fixed fee and quoted before we start. Where a matter becomes contested, arrears, repairs, an unlawful termination or a make-good claim, we run it commercially, at VCAT or through negotiation, with the cost of the fight always weighed against the size of the issue.

Retail and non-retail leases are governed by different rules. Whether the Retail Leases Act applies changes outgoings recovery, minimum terms, disclosure and dispute pathways, so it is the first thing we confirm.

Why leasing advice pays for itself.

The real cost is rarely the headline rent

Fixed increases, CPI or market reviews, outgoings, promotion levies, management fees and air-conditioning charges compound across a term. We total the likely cost over the whole lease so your budget matches reality.

Your exit is decided on day one

Assignment rights, options, relocation and demolition clauses and make-good all decide what happens when you sell, grow or close. They are cheap to fix before signing and expensive to argue about later.

Statutory protections confirmed, not assumed

Where the Retail Leases Act applies it limits land tax recovery, requires outgoings estimates and reconciliations and restricts lease preparation costs. We check the document is not quietly contracting around what cannot be contracted out of.

Negotiation handled by someone who does it weekly

Agents and landlord solicitors negotiate leases constantly. Having a lawyer take up rent-free periods, guarantee caps, repair splits and option terms usually recovers more than the fee.

Talk to us if.

  • You have been sent a lease and asked to sign this week
  • You are taking your first commercial or retail premises
  • There is an incentive, rent-free period or fit-out contribution on offer
  • Your option deadline is approaching
  • You are buying or selling a business with a lease attached
  • Outgoings have jumped and you want to know what is recoverable
  • A breach notice, arrears claim or repair dispute has landed
  • The term is ending and the landlord has raised make-good

If you have already signed, we will still tell you exactly where you stand and what can realistically be renegotiated at the next review, option or assignment.

How we work on a lease.

  1. 01

    Send us the documents

    Lease, disclosure statement, plan, and any heads of agreement, incentive letter or correspondence from the agent.

  2. 02

    Scope and fixed fee

    We confirm whether the Retail Leases Act applies, scope the work and quote before starting.

  3. 03

    Solicitor review

    The document is read against the legislation and against what you tell us about the business and its plans.

  4. 04

    Advice

    A plain-English report with risks rated and a clear list of amendments worth asking for.

  5. 05

    Negotiation

    If you instruct us, we take the points to the landlord's agent or solicitor and settle the wording.

  6. 06

    Signing and beyond

    Execution, registration where needed, and a diary note of your option and review dates so nothing is missed.

Fixed fees for leasing work.

Lease reviews, assignments, renewals and option exercises are quoted as fixed fees covering the documents and advice, with a call included. Negotiation and contested matters are quoted separately once we know what is actually in issue, and we tell you before costs move.

Request a fixed-fee quote

FAQs

Commercial leasing FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Is my lease a retail lease?
Broadly, premises used wholly or predominantly for the retail provision of goods or services to the public fall under the Retail Leases Act 2003 (Vic), subject to exclusions such as very high occupancy costs, some listed company tenants and certain uses. It changes your rights significantly, so we confirm it first.
How long does a lease review take?
Usually two to three business days from receiving the full document set. If you are working to a landlord or settlement deadline, tell us and we will prioritise it.
Can the landlord pass on land tax and legal costs?
Under the Retail Leases Act a landlord generally cannot recover land tax or lease preparation costs from a retail tenant. In non-retail leases both are commonly recoverable, which is one of the practical reasons the retail/non-retail question matters.
What happens if I miss my option date?
Strictly, the option can lapse and you are left negotiating a new lease with no leverage. Victorian law offers limited relief in some circumstances. Contact us as soon as you realise, early action matters far more than the argument.
Do I have to give a personal guarantee?
Landlords usually ask where the tenant is a small company. The negotiation is rarely whether, but how much and for how long, a cap, a release on assignment, or a bank guarantee instead are all reasonable requests.
Do you act for landlords as well as tenants?
Yes. We prepare and negotiate leases for property owners, handle consents to assignment, arrears and breach notices, and advise on make-good and bond release at the end of a term.

Get your lease looked at properly.

Start online or book a consultation with a CMK Legal commercial leasing solicitor in Richmond, Melbourne.