A business that leases real estate and improvements (buildings, etc.) in the form of space for offices, a warehouse, a restaurant, a nail or hair salon, a clothing store, a coffee shop, or other commercial (nonresidential) space will usually be required to sign a written contract known as a commercial lease agreement.

The tenant (the business occupying the space) who signs a commercial lease agreement is generally expected to be a more savvy, sophisticated, and informed tenant (also known as a lessee) than a tenant in a residential lease, and the law usually does not provide a commercial tenant with the same protections as residential tenant receives.

Because the law does not provide a commercial tenant with many protections, it is up to the commercial tenant to read, understand, and negotiate protections in a proposed lease agreement before signing it, as most every paragraph in a commercial lease agreement can have a significant impact on a business’s operations and financial stability.

As with most other questions, a commercial tenant's ability to break or terminate a lease before the end of the lease term depends primarily on the terms of the written lease agreement.

In New Mexico (NM), businesses seeking to lease commercial spaces such as offices, warehouses, or retail locations are typically required to enter into a commercial lease agreement. Unlike residential tenants, commercial tenants are considered more knowledgeable and are expected to conduct due diligence before signing a lease. New Mexico law does not afford commercial tenants the same level of protection as residential tenants, which means it is crucial for the business (lessee) to thoroughly review, understand, and negotiate the terms of the lease agreement. The lease document will dictate the rights and obligations of both parties, including the conditions under which a tenant may terminate the lease early. Therefore, it is advisable for a commercial tenant to seek the guidance of an attorney to ensure that the lease terms do not adversely affect their business operations and financial health.