QLD Commercial Lease and Notice Period - Legal Opinions?

[Peta wheatley]

Hi there,

I'm wanting to find out where I stand.

We've leased the kitchen at a local hotel. The original lease was for 12 months. We've been there since March 2014. Today, I was given a notice that they wish to terminate the commercial lease of the kitchen.

We've done nothing wrong. He's just had a change of heart. I want to know how much notice he has to give us. Our actual commercial lease doesn't state a notice period, it was agreed verbally there would be a three-month notice period.

When we were looking at leaving last year, we gave him a notice in November for the January departure then we decided to stay. If this doesn't stand, what is the least amount of notice that he can give us? The lease wasn't renewed so I assume it's periodic. He's tried to give us two days notice. I've got staff and stock, etc.

Please help. I urgently need legal opinions.

Thank you so much

Regards

 

[Sophea]

Hi Peta,

How often do you pay your rent? By the month? Does your lease say anything about whether it rolls over into a periodic lease after the minimum term? Generally the period of notice required to terminate a monthly periodic tenancy for example would be one month, but that is subject to what your lease states. If its a standard form lease agreement it should say something about termination and notice periods.