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Leasing · 6 min

Commercial lease terms to review before opening an outlet

A promising location can become a difficult deal if the lease terms do not work. Here are the clauses worth understanding before you commit.

A lease sets the real cost and flexibility of a location for years. Many first-time operators focus on the headline rent and discover the harder terms later. Reviewing the commercial detail early — ideally before you are emotionally committed to a space — is where a lot of avoidable cost is saved.

Lease term, lock-in and exit

Understand the tenure, the lock-in period during which you cannot leave without penalty, renewal options and the notice required on either side. A long lock-in protects the landlord; make sure it is a period you are comfortable committing to given the uncertainty of a new outlet.

Rent escalation and recurring costs

Look beyond year-one rent to how it escalates, and to the recurring charges around it — common-area maintenance (CAM), taxes, utilities and any other fees. Ask for these to be stated clearly so you can model the true occupancy cost over the lease, not just the opening figure.

Deposit and payment terms

Check the deposit amount, the conditions and timeline for its return, and the payment schedule. Deposits are often several months of rent and tie up working capital you will want for fit-out and launch.

Fit-out, rent-free and handover

  • Is there a fit-out or rent-free period before paying rent begins?
  • What condition is the space handed over in, and what must you restore at the end?
  • When can you access the space to start work, and does that align with your opening plan?

Use, signage and restrictions

Confirm your intended business use is permitted, along with signage, operating hours, alterations and any shared-facility rules. A restriction on hours or signage can materially change a hospitality business's viability.

Get commercial and legal review

Commercial review helps you prioritise which terms to negotiate and which questions to raise. A qualified legal professional should review the actual legal interpretation and drafting before you sign. The two are complementary, not a substitute for each other.

Frequently asked

Which lease term matters most?
There is no single one — lock-in, escalation, deposit, CAM, fit-out period and permitted use all affect cost and flexibility. The point is to understand the full commitment before signing, not just the rent.
Can a lease be negotiated?
Commercial terms can often be discussed. Premark can help identify points worth raising, though the landlord's response and the final terms depend on the specific deal.
Do I still need a lawyer if the terms look fine?
Yes. Commercial review and legal review do different jobs. A qualified legal professional should review the drafting and legal interpretation regardless of how the commercial terms read.

Talk it through with Premark

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