Victoria Commercial Lease Requirements: Essential Terms and Provisions

Victoria's commercial lease requirements vary significantly between retail and non-retail premises. The Retail Leases Act 2003 imposes specific obligations on lease terms, while non-retail leases are governed by general contract law with greater flexibility for both parties.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed legal practitioner in Victoria for guidance specific to your situation. Information last verified: March 2026.

Retail Lease Requirements

The Retail Leases Act 2003 mandates specific lease provisions:

Written Lease

• All retail leases must be in writing
• The lease must be signed by both parties
• The landlord must provide the tenant with a copy of the lease

Mandatory Lease Terms

Disclosure Statement

Before signing, the landlord must provide a disclosure statement at least 14 days in advance. See our Commercial Required Disclosures guide for details.

Minimum Lease Term

The Retail Leases Act provides that a retail lease must have a minimum term of 5 years (including any renewal options) unless:

• The tenant has received independent legal advice and signed a waiver
• The lease is a short-term or temporary licence

Renewal Options

Under Section 28 of the Act:

• The landlord must notify the tenant between 3 and 6 months before the lease expires
• The notice must include rent for the renewed term and early review availability
• Failure to notify: the lease is automatically extended for 3 months from eventual notice

Holding Over

If the lease expires and the tenant remains with the landlord's consent:

• A monthly tenancy arises on the same terms as the expired lease
• Either party can end it with 1 month's written notice

Non-Retail Commercial Lease Requirements

Non-retail leases are governed by the Property Law Act 1958 and general contract principles:

Written Lease

• While verbal leases may be technically valid, written leases are essential for enforceability
• Leases exceeding 3 years should be registered with the Land Titles Office

Essential Terms

Assignment and Subletting

Retail Leases

• The tenant may assign the lease with the landlord's consent
• Consent cannot be unreasonably withheld
• The landlord cannot charge a fee for consent beyond reasonable legal costs
• Subletting provisions are also regulated

Non-Retail Commercial

• Assignment and subletting rights are governed by the lease terms
• Common provisions include:
  • Landlord consent required (not to be unreasonably withheld)
  • Tenant remains liable unless released in writing
  • Landlord's right of first refusal or recapture

Key Documents for Commercial Tenancies

Best Practices for Commercial Landlords

1. Use experienced commercial property lawyers — Retail lease compliance is complex
2. Provide all disclosure documents early — Well before the 14-day deadline
3. Define maintenance obligations clearly — Ambiguity creates disputes
4. Track renewal dates — Missing statutory windows has consequences
5. Register long-term leases — Protect your interests with registration
6. Document all interactions — Keep records of negotiations, agreements, and amendments
7. Review lease templates regularly — Ensure compliance with current legislation

How Landager Helps

Landager provides commercial lease management tools that track all lease provisions, renewal dates, disclosure deadlines, and compliance requirements — helping landlords manage complex commercial portfolios with confidence.

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