Commercial Property Lease Lawyers
Our commercial property lease lawyers help NSW businesses with negotiating, drafting, and reviewing commercial leases, resolving disputes, and managing renewals, assignments, and exit obligations.
Secure Your Legal Advantage
1,500+ Lease Transactions Finalised
$200M+ in Lease Value Secured
300+ Lease Disputes Resolved
40+ Years Combined Legal Experience
What Is A Commercial Lease Lawyer, And When Do You Need One?
A commercial lease lawyer is a property law specialist who helps tenants and landlords negotiate, draft, review, and enforce agreements for commercial properties including offices, warehouses, and retail spaces. They protect your business from unfavourable terms, hidden costs, and legal breaches across every stage of the leasing lifecycle, from initial negotiations and Heads of Agreement through to renewals, assignments, and make good obligations.
At Lazarus Legal, our commercial lease lawyers regularly help NSW businesses with the following:
You're reviewing a lease or Heads of Agreement
You're negotiating incentives and outgoing terms
Your landlord has issued a rent review that doesn't align with your lease
You need to renew your lease or exercise an option
You want to exit a lease early or assign it to a new tenant
A dispute has arisen over repairs, access, or a breach of covenant
You're a landlord preparing a lease and want terms to protect your asset
You're unsure whether your premises fall under the Retail Leases Act 1994 (NSW)
Why Choose Lazarus Legal's Commercial Property Lease Lawyers
Choosing the right legal partner for your commercial lease comes down to three things: the depth of their experience, the clarity of their pricing, and their command of the local laws that govern your property.
- 40+ Years of Commercial Law Expertise. Lazarus Legal brings four decades of experience to every leasing matter, with a commercial property practice grounded in a genuine understanding of how businesses operate and grow. We don't review leases in isolation; we consider how each term affects your operations and long-term commercial position.
- Transparent, Fixed-Fee Pricing. Commercial leasing advice should not come with financial uncertainty. Lazarus Legal offers transparent, fixed-fee arrangements across our leasing services, so you know exactly what you are paying before we begin.
- Deep Knowledge of NSW Commercial Property Law. Our Sydney-based team works within the NSW legal landscape, with detailed knowledge of the Retail Leases Act 1994, the Conveyancing Act 1919, and the regulatory obligations that apply to both landlords and tenants across retail, office, and industrial properties.
What We Review And Negotiate On Every Commercial Lease
In NSW, a commercial property lease sets more than your rent. It defines how easily you can change, grow, or leave and what costs or risks might follow. Our commercial property lease lawyers help ensure these terms are planned for at the start, not left to surprise you later.
| Clause | Risk Over Time (What It Means for You) | How We Help Reduce That Risk |
|---|---|---|
| Personal Guarantee | You can remain personally liable even if the business changes, closes, or assigns the lease. | We explain the exposure, and negotiate caps, limits, or release points. |
| Rent Review | Rent can increase beyond what you forecast, impacting cash flow and assignment value. | We model cost scenarios and negotiate fairer review methods or caps. |
| Demolition Clause | The landlord can end your lease early for redevelopment, affecting stability and renewal value. | We check triggers, notice, compensation, and push for clearer conditions. |
| Make-Good | Restoration obligations at exit can create unexpected, large costs. | We define scope early and help plan or negotiate fairer requirements. |
| Permitted Use | Can limit business growth, diversification, or the ability to sell. | We ensure the clause supports your current and potential future use. |
| Assignment / Sublease | Restrictive conditions limit exit options or restructuring flexibility. | We identify unfair terms and negotiate for workable, fairer rights. |
| Relocation Clause | You may be forced to move during the term, causing disruption and unexpected cost. | We check compensation terms and help limit relocation triggers. |
Meet Your Lawyers
CEO, Notary Public
Practising since 1975 across commercial law, litigation, and property, Barry’s time as in-house counsel and franchise manager at Freedom Furniture gave him direct exposure to commercial leasing from the tenant’s side, an experience that informs every lease matter he handles.
Director, Principal Solicitor
Admitted in both Australia and the UK, Mark’s experience spans private practice, the bar, and in-house legal direction for global brand Monster Energy across EMEA. Clients benefit from a lawyer who understands commercial leasing from both sides of the negotiating table.
Associate Lawyer
A background in venture capital, fund management, and compliance gives Chen a sharp eye for the financial risks buried in lease agreements. Every clause gets read not just as a legal obligation, but as a commercial consequence.
What Businesses Say About Lazarus Legal
“I highly recommend Mark and the team at Lazarus Legal. They assisted me with reviewing and negotiating a commercial lease. The entire process straightforward and stress-free. Thank you!”
Australian Furniture Association
“The Australian Furniture Association and its members have significantly benefitted from the expertise and legal advice given by Mark Lazarus and the team at Lazarus Legal. Our needs are often complex and a bit out of the box, so we’ve been very satisfied with the agility and flexibility provided by Lazarus Legal. We highly recommend Lazarus Legal to other associations and businesses.”
- Don't sign that lease yet
Consult with Commercial Property Lease Lawyers
- (02) 8644 6000
- info@lazaruslegal.com.au
- 1/422 Oxford St, Bondi Junction NSW 2022
- 5/133 Wakefield Street Adelaide SA 5000
- 1/14 Fremantle Street Burleigh Heads QLD 4220
Our Commercial Property Lease Lawyers Answer Your Questions
Do I need a lawyer to review or draft a commercial lease?
Not legally, but practically speaking, yes. Commercial leases in NSW are governed primarily by contract law, meaning whatever you sign is legally binding. Unlike residential leases, there is no standard form and no cap on what a landlord can require. A lawyer will identify onerous clauses, ensure compliance with the Retail Leases Act 1994 (NSW) where applicable, and negotiate terms before you are locked in. The cost of a review is almost always less than the cost of a dispute.
How much do lawyers charge to review a commercial lease in NSW?
Fees vary depending on the complexity of the lease and the firm’s location. In NSW, a standard commercial lease review typically ranges from $1,500 to $3,000 for a straightforward matter, with more complex leases involving multiple rounds of negotiation attracting higher fees. At Lazarus Legal, commercial and retail lease drafting or review, including up to two rounds of amendments, is available from $2,500 to $5,000.
What is the best way to get out of a commercial lease in NSW?
There is no single answer, as your options depend on what your lease permits. The three main pathways are:
- Surrender: A negotiated agreement with your landlord to end the lease early, usually documented by a Deed of Surrender. The landlord has no obligation to agree and may require a financial settlement or completion of make good works.
- Assignment: Transferring the lease to a new tenant with landlord consent. This is common when selling a business. Note that under most commercial leases, you may remain liable if the incoming tenant defaults unless you negotiate a formal release.
- Subletting: Leasing the premises or part of it to another party while remaining responsible under the head lease.
The NSW Small Business Commissioner recommends negotiating early and formalising any exit via a deed to ensure all obligations are clearly settled. Seek legal advice before taking any steps, as abandoning a lease without proper process constitutes a breach of contract and can expose you to significant financial liability.
What should I do if I am in a commercial lease dispute with my landlord?
Start by reviewing your lease to understand your rights and obligations under the specific terms. From there, the process depends on the type of lease.
For retail leases, the Retail Leases Act 1994 (NSW) sets out a mandatory dispute resolution process. Mediation is required by law before any formal proceedings can be initiated. Parties must attempt mediation with the NSW Small Business Commissioner before applying to the NSW Civil and Administrative Tribunal (NCAT). If mediation fails, the Commissioner issues a certificate that must accompany any NCAT application.
For non-retail commercial leases, NCAT has no jurisdiction and disputes proceed through the Local, District, or Supreme Court depending on the value of the claim. In either case, obtaining legal advice early significantly improves the likelihood of a favourable outcome.
What are "outgoings," and who is responsible for paying them?
Outgoings are property-related expenses charged by the landlord in addition to base rent. They commonly include council rates, water rates, building insurance, strata levies, cleaning of common areas, and land tax in some cases. The lease and the landlord’s disclosure statement, in the case of a retail lease, must clearly specify the outgoings that the tenant is required to pay. For retail leases, the Retail Leases Act 1994 (NSW) provides additional protections: landlords cannot recover outgoings that were not disclosed, and if a disclosed estimate falls short of the actual amount without reasonable basis, the tenant’s liability is capped at the original estimate. For standard commercial leases, outgoings are a matter of negotiation, making it critical to clarify what is included before signing.
Can we waive the 7-day disclosure period for a new retail lease?
No, not under the current legislation. Under the Retail Leases Act 1994 (NSW), landlords are strictly required to provide the tenant with a Lessor’s Disclosure Statement at least seven days before the lease is entered into. This requirement is mandatory, and you cannot legally waive or reduce this 7-day period.
However, proposed reforms under the Retail Leases Amendment (Review) Bill 2025 seek to allow this period to be waived or reduced if both parties are legally represented and agree in writing. Until this Bill is passed and takes effect, landlords and tenants must continue to observe the 7-day disclosure period to ensure the lease remains valid.
Lawyer, CEO Lazarus Legal
Barry Lazarus has been practising law since 1975, with five decades of experience across Australia and South Africa in commercial law, property transactions, litigation, and dispute resolution. His time as in-house counsel and franchise manager at Freedom Furniture gave him direct exposure to commercial leasing from the tenant's side, an experience that continues to inform how he approaches property matters for business clients. A qualified Notary Public and CEO of Lazarus Legal, Barry brings a rare combination of courtroom authority and commercial property expertise to every matter.
Page Published: 28 June 2025 | Updated: 01 May 2026