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Lease Extension Template

 

The Lease Extension Template Generator below empowers property managers and owners to automate a previously manual, risk-prone process—producing professionally structured lease extension documents in just a few clicks.

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What “lease extension” usually means (and why it varies)

In practice, “extending a lease” can mean two different legal things:

  1. A renewal → a new lease that replaces the old one (common in England & Wales under the Landlord & Tenant Act 1954, and often how option-to-renew clauses are framed).

  2. A variation/extension → amending the existing lease to push out the expiry date (common in NZ and many US/Canadian deals).

Why this matters

This drives:

(a) the document you sign (new lease vs deed of variation/extension)

(b) whether you must register/record it (to protect priority against third parties), and

(c) deadlines that, if missed, either strip you of rights (UK/NI/Scotland) or force a riskier re-papering (NZ; parts of US/Canada).

 

To dive deeper into how you can manage your tenants and leases better, you can jump into our Lease & Tenant Management hub by clicking below.

Lease & Tenant Management Hub

Regional differences for commercial leases

 

How NZ differs:

NZ is nationally consistent. The big operational trap is registration timing when the lease (or a memorandum) is on title—if you’re extending the term via a Lease Variation/Deed of Renewal, it must be registered before the current term expires. Miss that and you’ll need a new lease workflow (with any knock-on lender consents, duty, etc.). 


Region What gets signed Must it be registered? Timing trap Notes
National (all regions) Deed of Renewal / Deed of Variation Yes—if base lease/memo is on title, register the variation before expiry A variation cannot revive an expired term See LINZ: a Lease Variation that extends term must be registered before the then-current term expires; Land Transfer Act 2017 governs registration mechanics.

 

How Australia differs:

While practices vary, retail leasing laws in every state/territory impose disclosure obligations. The timing and forms differ, and the strictest/time-boxed obligations sit in NSW, Victoria and Queensland. Your process should therefore branch by state. 


State/Territory Renewal disclosure at option/renewal Statute pointer Practical timing to encode
NSW Yes—lessor’s disclosure update (tenant can also give a lessee disclosure update) Retail Leases Act 1994 (NSW) (see disclosure provisions; “lessor’s disclosure update”) Provide the update at renewal; the update + earlier statement together satisfy disclosure.
VIC Yes—landlord disclosure on renewal Retail Leases Act 2003 (VIC) s.26; Schedule 3 renewal form Give disclosure ≥21 days before the renewed term starts, or within 14 days after the parties agree to renew.
QLD Yes—current disclosure within 7 days after the tenant exercises the option (tenant can waive) Retail Shop Leases Act 1994 (QLD) s.21E Fire a 7-day SLA from option exercise; allow for waiver logic.
SA Generally required in retail leasing State Act (Retail & Commercial Leases) Mirror renewal-disclosure step; confirm local form/timing.
WA Generally required in retail leasing Commercial Tenancy (Retail Shops) Act Include renewal-disclosure checklist; confirm timing.
TAS Generally required in retail leasing Retail Leases Act/Code Include renewal-disclosure step; confirm timing.
ACT Generally required in retail leasing Leases (Commercial & Retail) Act Template local statement and deadline.
NT Generally required in retail leasing Business Tenancies (Fair Dealings) Act Template local statement and deadline.

 

Why is this a big deal?

In these states, missing or defective renewal disclosure can give tenants statutory remedies (including withdrawal rights or compensation). Treat NSW/VIC/QLD as separate templates in your playbook.

 

 

How the US differs:

Two moving parts dominate:

  1. The Statute of Frauds (leases longer than one year—and most material extensions—must be in writing and signed).

  2. Recording/acknowledgment rules: where the base lease or a memorandum was recorded, many states treat an unrecorded modification/extension as ineffective against third parties. New York is explicit: an unrecorded modification of a recorded lease is void against a bona fide purchaser, even if the tenant is in possession. So, if your base lease/memo is recorded, generate a recordable, acknowledged amendment (or memo of modification) and record it.


State Writing required (>1 yr) Recording to protect against 3rd parties Notarization/acknowledgment to record Renewal/extension practical
California Yes Record lease or memo to impart notice/priority Acknowledgment needed for recording Use written amendment/extension; record if base was recorded.
New York Yes  Unrecorded modification of a recorded lease is void vs BFP Acknowledgment required Always record a modification/memo if the base lease/memo is recorded. 
Texas Yes  Record to protect priority  Acknowledgment required Notarise and record modifications of recorded leases.
Florida Yes; recording statute protects against purchasers/creditors Record to bind subsequent purchasers/creditors Acknowledgment per recorder practice Record extension if base was recorded.
Massachusetts Yes; leases >7 yrs must be recorded (or a notice) to bind third parties Record lease or notice of lease Acknowledgment customary Record renewal/notice if base was recorded.
Washington Yes Recording required Acknowledgment required Prepare an acknowledged amendment for recording.
Ohio Yes Recording required Acknowledgment required Notarise/record if base was recorded.
Illinois Yes Recording gives constructive notice  Acknowledgment customary Record amendment if base was recorded.
New Jersey Yes Record to protect priority  Acknowledgment required Mirror NY practice (memo/modification).
Georgia Yes Record to impart notice  Acknowledgment required Keep notarised extension for recording.
Pennsylvania Yes Record to impart notice  Acknowledgment customary Record modifications if base is on record.
Colorado Yes Record to impart notice  Acknowledgment required Notarise/record amendment if base recorded.

 

 

How the UK differs:

  • England & Wales (E&W): Many business tenants have security of tenure under the Landlord & Tenant Act 1954 unless the parties “contract out.” Renewals run on strict notice windows 6–12 months before term expiry. If you contract out, you must follow formal warning/declaration steps. 

  • Scotland: No 1954 Act. Instead, tacit relocation can automatically continue a lease (often for a year) unless either party serves a notice (commonly 40 clear days) before expiry.

  • Northern Ireland: The Business Tenancies (NI) Order 1996 broadly protects business tenancies; renewal/termination works through prescribed landlord/tenant notices.


Jurisdiction Renewal route Notice windows / mechanics What gets signed Special traps
England & Wales LTA 1954 (unless contracted-out) Must be served 6–12 months pre-expiry; the first valid notice controls the timetable A new lease via the 1954 process (or a private “renewal” if contracted-out) If you intend to contract out, you must do the warning notice + tenant declaration correctly and on time. 
Scotland Tacit relocation (automatic continuation unless stopped) Serve termination notice (commonly 40 clear days) before expiry to prevent auto-continuation (often for one year on same terms) Short notice + simple renewal/continuation agreement if parties keep going The 40-day clock is frequently missed; build automated reminders. 
Northern Ireland Business Tenancies (NI) Order 1996 Renewal/termination via Article 6 landlord notice to determine or Article 7 tenant request for new tenancy New tenancy agreement or termination papers per the Order Tenancy continues unless you use the Order’s procedures and timings.

 

 

How Canada differs:

Renewals are mostly contractual—courts strictly enforce option-to-renew mechanics (timing, method, tenant not being in default). Registration rules vary by province, but the safe pattern is: if the base lease or a notice of lease is on title, register the renewal/amendment to preserve priority. Quebec (civil law) is the outlier: long commercial leases should be published (registered) to bind successors; unpublished long leases can be vulnerable on transfer.

 

Province Writing / enforceability Registration / publication Renewal/extension practical
Ontario (ON) Options enforced with strict compliance; renewal rent must be objectively ascertainable Register lease or notice of lease to fix priority Calendar option windows; register amendment/renewal where base is registered.
British Columbia (BC) Contractual enforcement Land Title Act registration provides notice/priority Register amendment/renewal if base was registered.
Alberta (AB) Contractual enforcement Leases >3 years are registrable Register renewal where base was registered.
Quebec (QC) Civil Code; publication binds successors Publish at Registre foncier Always publish material terms/renewals for long leases.
Manitoba (MB) Contractual enforcement Register to protect priority Mirror ON/BC practice.
Saskatchewan (SK) Contractual enforcement Register at Information Services Corp Register material amendments.
Nova Scotia (NS) Contractual enforcement Register at Land Registration Office Register amendment if base recorded.
New Brunswick (NB) Contractual enforcement Register at Service NB Register amendment if base recorded.
Newfoundland & Labrador (NL) Contractual enforcement Register at Registry of Deeds Register amendment if base recorded.
Prince Edward Island (PE) Contractual enforcement Register at Land Registry Register amendment if base recorded.

 

 

 

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