Offer to Lease

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Offer to Lease Commercial Property

THIS OFFER TO LEASE (the "Offer") is dated this ________ day of ________________, ________

FROM:

______________________________
of
______________________________________
ACN/ABN: _______________________
(the "Tenant")

TO:

______________________________
of
______________________________________
ACN/ABN: _______________________
(the "Landlord")

  1. Description of Space to be Leased
  2. The commercial unit (the "Premises") is situated at ____________________________________.
  3. The Landlord agrees to rent to the Tenant the Premises for only the permitted use of: ____________________________________
  4. Formal Lease
  5. A formal lease (the "Lease") will be created by the Landlord after the Landlord accepts the Offer and will be executed by the Landlord and the Tenant. The Lease will incorporate all of the provisions of this Offer.
  6. Term of Lease
  7. The term of the Lease will commence at 12:00 noon on 29 May 2026, and end at 12:00 noon on 29 May 2026 (the "Term").
  8. Rent
  9. In consideration of the Landlord leasing the Premises, the Tenant will pay a base rent of $__________, payable per month, for the Premises (the "Base Rent"), without setoff, abatement or deduction.
  10. In addition to the Base Rent, the Tenant will pay as additional rent, without setoff, abatement or deduction, an amount equal to ______% of the gross profits on all sales or other income made from or through the business of the Tenant conducted on the Premises.
  11. Utilities and Other Costs
  12. The Landlord is responsible for the payment of the following utilities and other charges in relation to the Premises: electricity, natural gas, water, sewer, telephone, internet and cable.
  13. Renewal of Lease
  14. Upon giving written notice no later than 60 days before the expiration of the Term, the Tenant may renew the Lease for an additional term. All terms of the renewed lease will be the same except for any signing incentives/inducements and the renewal clause, which may be changed or removed, as negotiated between the parties.
  15. General Provisions
  16. The Tenant has, or will acquire before the Lease commences, all necessary licences and permits to operate their business and will comply with all applicable laws and regulations.
  17. Prior to the commencement of the Lease, the parties will exchange all disclosures required under applicable laws and regulations.
  18. All schedules to this Offer are incorporated and form an integral part of this Offer.
  19. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Offer. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  20. If any portion of this Offer is determined to be unenforceable or invalid by the decision of any court of competent jurisdiction, which determination is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity will not invalidate the whole Offer, but the Offer will be construed as if it did not contain the particular portion held to be invalid and the rights and obligations of the parties will be construed and enforced accordingly.
  21. The parties agree that upon acceptance of this Offer by the Landlord, this Offer will constitute a binding agreement between the parties to this Offer.
  22. Time is of the essence in this Offer.

THIS OFFER WILL BE irrevocable until 29 May 2026, after which time, if it was not accepted by the Landlord, this Offer will be null and void.

DATED this ________ day of ________________, ________.

_______________________________
WITNESS:  ______________________
Address:  ________________________
Occupation:  _____________________

__________________________(Tenant)

Per:____________________________ (Seal)

The undersigned hereby accepts the above Offer this _____ day of _____________, 20____.

_______________________________
WITNESS:  ______________________
Address:  ________________________
Occupation:  _____________________

__________________________(Landlord)

Per:____________________________ (Seal)
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Offer to Lease Document Preview
Document PreviewAbout this Document
Last Updated 21 May 2026

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What is an Offer to Lease?

An Offer to Lease is a document that expresses a prospective tenant’s desire to rent a commercial property. It’s an important document that initiates the leasing process for commercial property.

An Offer to Lease is also known as a:

  • Commercial lease proposal
  • Letter of intent to lease
  • Proposal to lease

LawDepot’s Offer to Lease template is available for commercial properties in all Australian states and territories.

How does an Offer to Lease work in Australia?

An Offer to Lease outlines key terms (e.g., rent, lease term, and special conditions) for leasing a commercial property between a landlord and a prospective tenant. It helps formalise negotiations and ensures both parties agree on the basics of leasing a commercial property before completing a binding Commercial Lease Agreement.

Once the landlord signs and accepts the tenant’s Offer to Lease, it becomes a binding agreement to lease on those terms, which can then be incorporated into a Commercial Lease Agreement.

Offers to Lease vs. Lease Agreements for commercial property

An Offer to Lease typically precedes a lease agreement. It outlines the key points that the landlord and prospective commercial tenant intend to use as the basis for negotiating and creating a formal contract. 

The Commercial Lease Agreement is a binding contract that covers the lease terms, both parties' rights and responsibilities, and any conditions in greater detail. 

It’s important to remember that an Offer to Lease should not replace a lease agreement. The lease agreement provides more comprehensive terms and conditions for the rental. Consider having a solicitor review your offer if you have any questions before signing and submitting it to a landlord. 

Key components of an Offer to Lease

The essential elements of an Offer to Lease include:

  • Details of the property: The location, address, and use of the property.
  • Lease term: Fixed or indefinite lease term, the start date (and end date, if applicable), and renewal terms.
  • Payment terms: Including rent amount, profit payments, tax responsibilities, and the type of rent (e.g., gross, modified gross, or net lease).
  • Advance rent and security deposit: Any applicable prepaid rent or the need to provide a security/bond deposit.
  • Utilities and expenses: Outlining who is responsible for utilities and service charges.
  • Initial fit-out: Any work on the property required before the tenancy, who will pay, and if the tenant can make future improvements.
  • Offer expiration: The date the Offer to Lease expires.

When should I use an Offer to Lease?

Prospective tenants can use an Offer to Lease to outline key terms for commercial properties, like:

  • Industrial spaces
  • Retail spaces
  • Warehouses
  • Restaurants
  • Offices

Please note that LawDepot’s Offer to Lease template is not for residential tenancies. Landlords can vet tenants using a Residential Rental Application and set terms with a Residential Tenancy Agreement. 

Is a signed Offer to Lease for commercial property legally binding?

When signed by both the tenant and the landlord, an Offer to Lease may be legally binding as an agreement to lease if it contains all the essential elements of a valid contract. This means that its terms and conditions are enforceable and are typically used as the basis for drafting the formal lease agreement.

It’s important to note that, depending on your jurisdiction, some retail lease legislation requires disclosure of certain information to the tenant 7 to 14 days before the lease is signed. 

Here are some examples: 

Our template allows you to select whether the space is for retail use or not, ensuring that both parties comply with the applicable disclosure requirements during negotiations and before signing a lease agreement. To learn more about your state or territory’s disclosure requirements, consult a solicitor or look to your local commercial and retail leasing laws.

How to create an Offer to Lease

Use LawDepot’s user-friendly template to complete your Offer to Lease. Select the type of property being leased and its location, then complete the following steps:

1. Determine if this is a retail lease

Select if the lease will be for retail. This information is needed because landlords must include specific disclosures to prospective tenants under retail lease legislation. Simply select 'yes' or 'no' to help customise your offer. 

3. Name both parties

Specify whether either party is an individual or an organisation, and add the names and addresses of both the tenant and the landlord. 

You must also include an Australian Business Number (ABN) or Australian Company Number (ACN) for both parties.

3. Add the property details

Give the address and permitted use of the property the offer is for. 

You can add a more detailed description of the premises (e.g., boundaries, size, or a diagram) to help reduce potential disputes.

4. Document the lease terms

Add the terms for the lease, which include:

  • The lease term: If it will be a fixed or indefinite term, with the start date (and end date, if applicable). 
  • Renewal options: If the tenant can renew and use the original lease.
  • Payment terms: This includes the rent amount, payment frequency, rent structure (gross, modified gross, or net lease), and whether a tenant will pay a percentage of their profits to the landlord in addition to rent.
  • Tenant’s outgoings: How the expenses related to the property will be calculated for the tenant.
  • Utilities and expenses: Who will pay for what utilities or expenses for the property.
  • Tax responsibilities: If the tenant will be responsible for taxes on the premises, and how they will be paid.
  • Advanced rent and deposit: Any prepaid rent or security deposit the tenant will pay.
  • Rent review: How the rent review will be determined.
  • Initial fit-out: If any initial fit-outs are required and who is responsible for the costs.

As you complete the lease terms, you can also add details about early possession and improvements during the tenancy, if applicable to your offer.

5. Specify the offer details

Next, include any conditions for your lease. This can include whether a lease is subject to the tenant’s solicitor's approval and any additional conditions that must be met before a lease is signed. 

You can also include a standard lease form if the landlord has one, and if it will be attached to the offer. 

Then, add an expiry date for your Offer to Lease. If the landlord has not accepted it by this date, the offer will expire, and you may need to prepare a new offer, unless you both agree to renew or extend the existing offer.

6. Add the final details

You can include additional terms in your offer for your unique needs. Then, to finalise your offer, select a signing date and sign the document before sending it to the landlord.

Your Offer to Lease will include a section for the landlord to sign and accept your offer. It also provides a space for witnesses to sign while both parties complete their signatures. 

Offer to Lease FAQs

Who can make an Offer to Lease commercial property? Title

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Prospective commercial tenants, whether they’re an individual or a business, are usually the ones that make the Offer to Lease to start the process of leasing commercial property. Although the document itself may be prepared by either the tenant or the landlord.

Can I withdraw an Offer to Lease after signing?

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Our Offer to Lease template creates an irrevocable offer and also requires you to provide an expiry date. The offer becomes void if the expiry date passes or the landlord declines it. 

If the landlord accepts the offer and signs it before the expiration date, then the offer becomes a binding agreement between the two parties.

Can a landlord decline an Offer to Lease?

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Yes, a landlord can decline an Offer to Lease. They don’t have to accept any proposal; they often choose tenants based on financial stability and usage.

What happens after an Offer to Lease is accepted?

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Once the landlord signs the Offer to Lease, the tenant’s offer is accepted, and the offer becomes a binding agreement to lease. Its terms can then be incorporated into a Commercial Lease Agreement. 

Once a lease is signed, any refurbishment conditions, prepaid rent, deposits, etc., must then be completed. 

Both parties can have a solicitor review their lease agreement before signing if they have any questions or concerns.

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