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Commercial and Retail Leases



Prudentia Legal acts for many landlords and tenants for both commercial and retail leases. Each state and territory has specific legislation dealing with commercial and retail leases. 


The legal test for determining whether the premises is a commercial or retail lease is to look at the purpose of the tenancy. Is it wholly or predominantly used for selling, hiring or providing goods or services to the public? Leasing premises that are used primarily for wholesaling, manufacturing or storage are usually not considered retail premises e.g. a warehouse. It is important to understand the distinction between a commercial and retail lease as in most states, retail leases offer considerable legislative protection for tenants compared to commercial leases. 


Therefore, if you are planning to lease a premises or have a premises and intend to lease it to someone, talk to us at Prudentia Legal. We will be able to help.