Leasing & Licensing

There are many things you need to consider before entering into a lease agreement for commercial property.  The lease itself is a complex legal document that regulates the relationship between landlord and tenant.  Leases will vary in terms of content, conditions and responsibilities depending on the type of transaction and the type of property involved.  For example, a simple lease agreement to rent a domestic home will be far less complex and very different to a lease for a retail shopping centre tenancy, a commercial office, or a short term commercial tenancy, all of which have their own unique requirements.  

You may have been in business for many years and consider yourself very competent in reviewing lease documents, but the law constantly changes and evolves through legislative changes and court rulings.  So your ‘competent’ knowledge today, may not be up to standard in a year or two’s time.  

Whether you are new to business or a seasoned operator, any lease agreement needs to be reviewed by a qualified solicitor specialising in property law prior to signing.  It is in your interests and that of your business for you to be protected from clauses that may discriminate against you or place you in a disadvantaged position.  

The need to protect yourself also applies to licensing requirements.  Depending on the business or industry, specific licensing may be required for you to establish and operate a business.  Both state and local government laws and by-laws may apply to your business.  Starting and running a business incurs significant costs and failing to have the appropriate licenses in place, may place you at risk of prosecution or closure. The financial costs could be devastating.