Differentiating between company leases and individual leases

A commercial lease is a document that sets out the rights and obligations of the owner of a commercial property (known as the landlord or lessor) and a third party that has agreed to occupy the property (known as the tenant or lessee)

Commercial leases in South Australia are leases entered into with respect to commercial premises such as retail shops and office buildings.  

They are interests granted by one party, the landlord, to another, the tenant.  Across the Australian States and Territories, the terms of commercial leases are generally not regulated by statute but by the common law.  This means that the parties to a commercial lease have a lot of scope to decide the terms of the lease themselves.

In South Australia, some leases relating to retail shops are also subject to the rules contained in the Retail and Commercial Leases Act 1995.  Additional rules affecting commercial leases are contained in the Real Property Act 1886.

Individual lease include retail shops lease, car lease or rental lease. Company lease may include businesses such as warehouses. Company leases can be classified as commercial leases. Commercial leases usually apply to premises that are used as a warehouse, industrial site or an office in a commercial building with no retail activity

There are significant differences between a retail and commercial lease. Retail landlords and tenants are governed by retail legislation regarding their lease terms. Commercial leases are ‘free for all’ and require careful negotiations on the part of the tenant to ensure that the lease term is not onerous or heavily favoring the landlord.

Source: https://legalvision.com.au/key-differences-between-a-retail-lease-and-a-commercial-lease/

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