Retail leases come with rights and protections that most landlords and tenants have never been told about. They're different in every state — and they can make a real difference to your situation. Let's make sure you know what you've got.
Before you sign, your landlord is required by law to give you a disclosure statement. If they skip it or get it wrong, you may have the right to walk away — even after signing.
In some states, you get a cooling-off window after signing. It's not available everywhere, but where it is, it's worth knowing about before you commit.
Land tax and the cost of drawing up the lease are among the charges the law says can't be put on retail tenants. Doesn't matter what the lease says — they can't do it.
Asking for a payment just to grant, renew or transfer a retail lease is against the law in every Australian state. Full stop.
Some states give you the right to ask for more time — and the landlord has to respond. Knowing this before you negotiate can change what you walk away with.
Retail lease disputes have their own tribunal process in most states — faster and more accessible than going to court. We know how it works and we'll guide you through it.
At least 7 days before you sign. If the landlord skips it or gets it wrong, you have up to 6 months to walk away — even after you've signed. That's a strong protection.
From the day you get the signed lease back. You can pull out in writing — no reason needed. A real safety net if things feel rushed.
Land tax, big capital works, depreciation and the cost of writing up the lease. These are off-limits regardless of what the lease document actually says.
Put it in writing and the landlord has to either say yes or give you written reasons for saying no. Most tenants have no idea this is an option.
Before you sign. If you don't, that's a breach on the landlord's part — and it can work in your favour when it comes to make-good at the end.
Most things go to NCAT, with a mediation step first. It's designed to be accessible — and we'll walk you through it if it comes to that.
The disclosure statement must come at least 14 days before signing — and you're entitled to 14 days to get your own advice. Don't let anyone rush you past this.
No cooling-off in VIC, but if the landlord was late or sloppy with disclosure, you have 3 months from signing to get out. Worth knowing if things felt rushed.
Land tax, major repair costs and the cost of getting the lease sorted. And upfront estimates are required — so you know what you're signing up for.
VIC bans clauses that lock in your rent even when the market drops. If you're up for a market review, the number can go either way — and that's the law.
Unless you get your own advice and sign a waiver. This means a landlord can't push you into a very short lease just to keep their options open.
VCAT, with a Retail Tenancy Dispute Resolution Officer available as a helpful first step. Less formal, less expensive and often faster than going straight to tribunal.
Late or incomplete disclosure gives you 3 months to terminate — even after you've moved in and set up shop. A meaningful protection if the landlord cut corners.
Which is exactly why getting proper advice before you sign matters so much here. Once you're in, the 7-day window is your main protection at the entry stage.
Land tax, the cost of drawing up the lease and fees for getting the mortgagee on board. These are your landlord's problem, not yours.
Annual estimates are required. If the actual costs blow out significantly, the landlord had to warn you first. No nasty surprises allowed.
Including telling you about nearby developments that could affect your business. More rights here than anywhere else in the country — make sure you're using them.
Mediation or QCAT, with provisions for urgent action when timing is critical. We know how to move quickly in QLD when we need to.
Required — though WA's rules are less detailed than the eastern states. Which makes getting your own advice even more important before you sign anything here.
Once you've signed, you've signed. The single most valuable thing you can do is get advice before that moment — it doesn't have to be complicated or take long.
Land tax, depreciation, the cost of drawing up the lease and capital works can't be put on your tab. Doesn't matter what the lease says.
The law distinguishes between structural repairs (landlord's job) and keeping the inside in order (yours). Knowing this prevents a lot of end-of-lease arguments.
SAT, or informally through the Commissioner for Commercial Tenancies — a useful first step that can sort things out without going all the way to tribunal.
WA's laws are older than the other states and have been up for review. We keep an eye on changes as they happen — so you're always getting current advice.
Required. If it's late or incomplete, you have 3 months to walk away — a real protection if the landlord didn't follow the rules properly.
The disclosure rules are designed to cover this gap. But there's still no substitute for getting advice before you sign — and we're here when you need us.
Land tax, depreciation and the cost of writing up the lease can't be charged to retail tenants in SA. Keep an eye on your outgoings statements.
SA puts limits on how market rent reviews can be run — which means some of the more aggressive approaches simply aren't allowed. A fairer playing field.
SA gives tenants more security around renewals than most people realise. Knowing your rights here can make a real difference to your next lease negotiation.
SACAT, with mediation available before a formal hearing. Costs can be awarded in some situations — something to understand before you decide how to respond.
Tell us which state you're in, whether you own the property or rent it, and what's going on. We'll tell you what you're entitled to and what your options look like. No question is too small — and we're always glad you asked.
We get back to most people the same day.
Just so you know — the information on this page reflects the laws as they stood when we wrote it. These laws do get updated from time to time, so it's always worth getting current advice for your specific situation. Sending us a message or having a chat doesn't mean we're officially your lawyers yet — that happens once we've agreed in writing to work together. The Leasing Lawyer is a trading name of Docet Legal.