Commercial lease termination refers to the legal process of ending a lease agreement before its natural expiration date or at the end of the agreed term. This can be initiated by either the landlord or the tenant, depending on the circumstances and the terms outlined in the lease agreement. Common reasons for lease termination include financial strain, breaches of agreement, or changes in business needs.

Lease termination can take several forms, such as:

• Mutual termination - both landlord and tenant agree to end the lease early
• Termination by breach - if one party fails to meet their obligations, such as failure to pay rent, causing serious damage to the property, failure to maintain the property, abandoning the property etc
• Termination by notice - some leases allow termination with proper notice, particularly for periodic or flexible lease agreements
• Termination for non-disclosure in retail leases – if the landlord did not meet disclosure requirements under the retail lease legislation, the tenant may be entitled to terminate the lease within a certain timeframe

How West Perth Legal Can Assist?

The termination procedure and legal documents required depend on the facts of the matter and the legal basis for termination. It is important to follow proper process and have written documents for terminating a lease to avoid future disputes.

At West Perth Legal, our leasing lawyers provide tailored legal advice to both landlords and tenants. We assist with:

• Providing legal advice on termination rights and procedures under the lease.
• Negotiating on behalf of our client on termination terms.
• Drafting lease termination legal documents such as the Deed of Termination, Deed of Surrender, Termination Notice or Default Notice.