Commercial Renting Checklists: Key Considerations Before Signing on the Dotted Line

Commercial leases are among the most significant financial commitments a business owner will ever make. The excitement of finding the right space can quickly shift into regret when unexpected costs or restrictive clauses surface after signing. Many small business owners focus on the monthly rent figure and the location, only to discover later that outgoings, make-good obligations, and restrictive permitted use clauses carry far more weight than they anticipated. Understanding what you’re agreeing to before you put pen to paper is the difference between a lease that works for your business and one that works against it.

Disclosure: Some links on this page are affiliate links. If you make a purchase through them, Britwealth may earn a commission at no extra cost to you. We only include products and services that are relevant to the topic.

This article is general information only and does not constitute professional legal or financial advice. For your specific situation, consult a qualified professional.

Rent + Outgoings
Tenants often pay 20–50% more than the base rent when outgoings are included
Sprintlaw

Personal Guarantee
Landlords commonly require directors of company tenants to sign personal guarantees
LegalVision

Make-Good
Exit costs can run into tens of thousands to restore premises to base condition
Sprintlaw

Rent Review
Market rent reviews may only allow increases, creating unpredictable spikes
Sprintlaw

Commercial leases are written to protect landlords first. That doesn’t mean you have no leverage, but it does mean you need to know what to look for before signing. Here’s what you actually need to know.

Key Takeaways for Commercial Tenants

Verify Your Business Use
Check with local council that your intended business is permitted under zoning laws. If not, you may need development approval before you can operate legally.

Know the Full Cost
Look beyond the base rent. Outgoings, rent reviews, and make-good obligations can dramatically increase your total cost of occupancy.

Negotiate Key Protections
Limit personal guarantees, cap outgoings increases, and clarify make-good scope before signing. These terms are almost always negotiable.

Get Everything in Writing
Verbal promises from landlords or agents hold little weight. Ensure all incentives, fit-out contributions, and permissions are written into the lease.

What I tend to notice is that the permitted use clause gets far less attention than the rent, yet it can be the most restrictive part of the deal. A lease that’s too narrow can stop your business from growing or even operating.

Permitted Use
The specific business activities allowed on the premises. This clause is written into the lease and must match your actual business operations. If it’s too narrow, you may need landlord permission to change anything later.

The True Cost of a Commercial Lease

Rent is the headline number, but it’s rarely the only number that matters. Commercial leases typically pass many costs to the tenant that can add substantially to the monthly bill. Before you sign, ask for a detailed breakdown of all outgoings and understand how they change over time.

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Source: Sprintlaw Lease Checklist
Cost ComponentWho PaysKey Risk
Base RentTenantSubject to fixed, CPI, or market rent reviews
OutgoingsTenant (often)Council rates, insurance, maintenance – can add 20–50%
Make-GoodTenantRemoving fit-out, repairing damage, repainting – often very expensive
Fit-OutTenant / LandlordLandlord may contribute; ownership and removal terms must be clear
Legal & Survey FeesTenant / LandlordOften split; understand your liability upfront
The Real Monthly Cost
A rent of $5,000 per month can easily become $7,000 or more when outgoings are included. And a $50,000 make-good bill at the end of the lease can wipe out a year’s profit if you haven’t planned for it. Always model the total cost, not just the base rent.

Market rent reviews are another area where costs can jump unpredictably. Unlike fixed or CPI increases, market reviews look at current rental values for similar properties. If the market has moved up sharply, your rent can too. Some leases also include a ratchet clause, meaning the rent can only go up, never down, even if the market falls. Understanding these mechanisms before you sign is critical. If you’re unsure about a clause, getting a quick review from a professional via a service like JustAnswer Real Estate Law can save thousands over the life of the lease.

Common Pitfalls in Commercial Leasing

Ignoring the Permitted Use Clause

You sign a lease for a space that seems perfect for your café. Later, you discover the lease doesn’t allow cooking on the premises, or the local council zoning doesn’t permit food service. You’re now legally bound to pay rent for a space you can’t use. The permitted use clause must match your intended business exactly. If you plan to expand your menu or sell goods later, ensure the clause is broad enough to cover those changes. If it’s too narrow, you’ll need landlord permission, which may come with extra costs or conditions.

Underestimating Outgoings

Many tenants sign a lease thinking the rent is the only major cost. Outgoings can include council rates, water charges, building insurance, common area maintenance, and management fees. These costs can add 20% to 50% to your monthly payment. Ask for an estimate of outgoings before you sign, and check whether the lease limits how much they can increase each year. Without a cap, your outgoings could rise unexpectedly, eating into your profit margins.

Signing a Personal Guarantee Without Limits

If your business is a limited company, the landlord may ask you to personally guarantee the lease. This means your personal assets, including your home and savings, are on the line if the business can’t pay the rent. You can negotiate a cap on the guarantee, or offer a higher security deposit or bank guarantee instead. If you do sign a personal guarantee, understand the full scope of your liability. Getting advice from a JustAnswer Business Law professional can help you understand the risks and alternatives.

Not Planning for Make-Good

Make-good clauses require you to return the premises to its original condition at the end of the lease. This can include removing your fit-out, repairing walls, repainting, and replacing flooring. The cost can be substantial. I have seen a small business hit with a $40,000 make-good bill that wiped out a year’s profit. Document the condition of the premises with photos before you move in, and negotiate the scope of your make-good obligations in the lease. Consider budgeting for a make-good reserve over the life of the lease.

How to Approach a Commercial Lease from Start to Finish

Conduct Thorough Due Diligence Before You Sign

Before you commit to a space, confirm that it’s suitable for your business. Check with the local council that your intended business use is permitted under zoning laws. If it’s not, you may need development approval, and your lease should be conditional on that approval. Inspect the premises for practical issues like power supply, ventilation, grease traps, and accessibility. Ask about any planned works or upgrades that could disrupt your trading. Understand the history of the premises, including recurring issues like leaks or mould. This upfront work can save you months of headaches later.

Negotiate the Lease Terms That Matter Most

Almost everything in a commercial lease is negotiable, but you need to know what to ask for. Request a rent-free or reduced-rent period to cover your fit-out. Ask for a cap on outgoings increases. Limit your make-good obligations to fair wear and tear, or negotiate a specific scope of work. If you’re being asked for a personal guarantee, try to cap it or offer a higher security deposit instead. A lease is a contract, and the first draft is always the landlord’s starting point, not the final offer. For a deeper dive, check out our guide on negotiating the perfect commercial lease.

Review the Fine Print and Key Clauses

Some clauses are easy to miss but can have huge consequences. Assignment and subleasing clauses control whether you can sell your business or bring in a new operator. Rent review mechanisms determine how much your rent can increase. Repair and maintenance responsibilities can shift the cost of replacing aging systems like air conditioning to you. Insurance requirements can add compliance costs. If a clause is ambiguous, ask for it to be clarified in writing. This is where a professional lease review can be invaluable. A service like JustAnswer Legal can help you understand the practical risks in plain English.

Align the Lease with Your Business Plan

Think about where your business will be in three to five years. If you grow, will you need more space? A right of first refusal on adjacent space can give you that option. If you need to exit, what are your options? Understand the notice periods, assignment rights, and potential liability for early termination. Choosing the right business structure for the lease, whether you sign as a company or in your personal name, affects your liability. Plan for the long term, and make sure the lease can flex with your business.

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Source: Sprintlaw Legal Steps Guide
FeatureLeaseSubleaseLicence
Exclusive PossessionYesYes (from head tenant)No
Typical Term1–10 yearsVaries (subject to head lease)Short-term, flexible
ComplexityHighVery high (inherits head lease terms)Low
Best ForLong-term, stable businessTenants in shared or multi-tenant buildingsPop-ups, short-term, shared spaces

Frequently Asked Questions on Commercial Leasing

What is a “make-good” clause and why does it matter? ▾
A make-good clause requires you to return the premises to its original condition when you leave. This can mean removing your fit-out, repairing walls, and repainting, which can cost tens of thousands of dollars.
Can I break my commercial lease early? ▾
Breaking a lease early is possible but usually expensive. You may be liable for the remaining rent, or you may need to find a replacement tenant. Assignment and subleasing clauses control your options.
What is the difference between a lease and a licence? ▾
A lease grants exclusive possession of a space for a set term. A licence grants permission to use a space without exclusive possession, often used for pop-ups, kiosks, or shared spaces, and is easier to terminate.
Do I need a lawyer to review my commercial lease? ▾
It’s strongly recommended. A lawyer can identify risks, explain clauses in plain English, and negotiate changes on your behalf. The upfront cost of a review is far less than the cost of a dispute later.
What happens to my fit-out at the end of the lease? ▾
This depends on the lease terms. You may be required to remove the fit-out as part of make-good, or the landlord may allow you to leave it. Clarify ownership and removal obligations in the lease.
How is a market rent review conducted? ▾
A market rent review compares your rent to similar properties in the area. The process is usually defined in the lease, including how the valuer is appointed and whether the rent can only increase or can also decrease.

If you’re facing a complex lease issue or need advice on early termination, a quick consultation with a specialist can clarify your options. Services like JustAnswer Landlord-Tenant Law can connect you with a professional who understands the specific laws in your state.

The Power Dynamic in Commercial Leasing

Commercial leases are drafted by landlords to protect their interests. That’s not a criticism, it’s a reality. A tenant’s best defense is knowledge and due diligence. The time to negotiate is before you sign, not after. Every clause, from rent reviews to make-good obligations, is a point of leverage if you know what to ask for. The most successful tenants treat the lease as a living document that needs to work for both sides over the full term.

Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.

If this was useful, you might also want to read Understanding Your Rights as a Business Leaseholder in Australia.

Sources and Further Reading

Top Tips for Ending Your Commercial Lease Smoothly — A practical guide to managing your exit, including notice periods, make-good planning, and avoiding disputes.

Tips for Navigating Triple Net Leases in Australia — Understand how triple net leases shift almost all costs to the tenant and what to watch for.

LegalVision (2023). Checklist for Entering Into a Commercial Lease. 🔗

Sprintlaw (2023). Commercial Lease Checklist: What to Review Before You Sign. 🔗

Sprintlaw (2023). Commercial Property Leasing: Key Legal Steps Before You Sign a Lease. 🔗

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Sam Willy

I’m Sam Willy, one of the bright minds behind BritWealth.com, where I share insights, stories, and fun ideas about a wide range of topics—finance included, but not limited to it! My journey into the world of writing began with a simple hobby: sharing the things that fascinated me. From quirky facts to deeper dives into personal development, I’ve always been curious about the world around me and love passing that knowledge on.
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