Leasing Without a Lawyer: What Landlords (and Agents) Risk in DIY Lease Agreements (and Why You Should Engage a Commercial Lease Lawyer)

Jackie Atchison
Apr 3
2 min read

Using a DIY lease or old template for your commercial property? You’re not alone—but you could be opening yourself up to serious legal risk.

This post covers what can (and often does) go wrong when landlords skip legal advice and rely on generic or outdated lease agreements.

Why It Matters

Leases aren’t just paperwork—they’re long-term legal agreements that define responsibilities, costs, and risk. If yours isn’t drafted properly, it may not hold up when things go wrong.

DIY leases often skip key protections and compliance requirements. What looks like a shortcut can turn into an expensive mistake.

What Can Go Wrong

1. Outdated or Non-Compliant Terms The law around commercial and retail leasing changes. A lease that worked five years ago may now be non-compliant—or even unenforceable.

| Tenants can dispute rent increases, exit clauses, or force early termination.

2. Missing Landlord Protections DIY leases often skip important clauses around:

Personal guarantees
Bonds or security deposits
Maintenance obligations

| You may be left with no recourse if the tenant damages the property or defaults.

3. Wrong Lease Type Retail or commercial? It matters. Using the wrong lease format can put you in breach of NSW leasing laws.

| A misclassified lease can be challenged or ruled invalid.

4. Disputes Over Repairs and "Make Good" Vague or missing clauses around end-of-lease obligations are a top source of disputes.

| You may be left footing the bill for repairs.

What to Do Instead - Engage a Commercial Lease Lawyer

A commercial leasing lawyer can drafted a lease that protects your property, your cash flow, and your ability to enforce key terms and also gives your tenants clarity—reducing the chance of disputes.