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ARTICLE · 04 JULY 2016

Exercise of options under leases

The article considers things to be aware of in the exercise of an option in retail leases or commercial property leases.

AustraliaReal Estate and Construction

This applies to Retail Leases and commercial property leases. Things to be aware of on the exercise of an option:

  1. Check the Lease, both as a landlord and tenant, to ensure you are aware of any specific rights or obligations that come with the exercise of the option.
  2. Make sure the option is exercised properly;
  3. Make sure the option is exercised within the correct timeframe;

Most businesses occupy premises which they lease from another party. Generally there is a good working relationship between the Landlord and the Tenant and correspondence is informal.

Quite often the value of the business is associated with its location. The value of the premises to the Landlord may in part be related to having a high quality tenant but may also be related just to the high quality of the location of the premises.

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