Commercial Lease and Disclosure Statement

In South Australia, a commercial lease is a legally binding agreement between a landlord and a tenant for the rental of commercial property. It outlines the terms and conditions of the lease, including rights and obligations of both parties.

A disclosure statement, on the other hand, is a document that the landlord is required to provide to the tenant in relation to a commercial lease. It contains important information about the leased premises and other relevant details that help the tenant make an informed decision about entering into the lease.

Here are some key points to understand about commercial leases and disclosure statements in South Australia:

Commercial Lease:

1. Legal agreement: A commercial lease is a legally binding contract that governs the relationship between the landlord (property owner) and the tenant (business or individual renting the commercial space).
2. Terms and conditions: The lease agreement specifies the terms and conditions of the tenancy, including the duration of the lease, rent amount and payment terms, permitted use of the premises, maintenance responsibilities, and other rights and obligations of both parties.
3. Negotiation: Commercial lease terms are often negotiable, allowing landlords and tenants to customize the agreement based on their specific needs and requirements. It’s important for both parties to carefully review and negotiate the terms before signing the lease.
4. Legal implications: Commercial leases are subject to specific laws and regulations in South Australia. It’s essential for both landlords and tenants to understand their rights and obligations under the law and comply with relevant legislation, such as the Retail and Commercial Leases Act 1995 (SA).

Disclosure Statement:

1. Purpose: A disclosure statement is a document that the landlord or their agent must provide to the tenant before the lease is signed. It is intended to provide the tenant with essential information about the leased premises and other relevant details.
2. Content: The disclosure statement typically includes information such as the details of the premises (e.g., address, size, zoning), any outgoings payable by the tenant, options for renewal or extension of the lease, any rent reviews or increases during the lease term, and other matters that may affect the tenant’s decision to enter into the lease.
3. Timing: The disclosure statement must be provided to the tenant at least seven days before the lease is signed or any money is paid by the tenant, whichever occurs first. This allows the tenant sufficient time to review the information and seek professional advice if needed.
4. Importance: The disclosure statement helps the tenant make an informed decision about entering into the lease. It allows them to assess the financial implications, understand the terms and conditions, and identify any potential issues or obligations associated with the premises.

We have experience advising both landlords and tenants in commercial leasing to ensure compliance with the relevant laws and to understand their rights and obligations before entering into a commercial lease in South Australia.