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.

If the tenant (the business occupying the space) who signs a commercial lease agreement fails to pay the rent on time, the landlord may have the right to charge late fees, terminate the lease, and lock the commercial tenant out of the space by changing the locks.

A commercial landlord’s ability to charge late fees generally depends on the specific language in the written lease agreement and the state's contract law.

Contract law in most states recognizes an implied duty of good faith and fair dealing between parties to a contract, and a commercial landlord who charges late fees because the tenant is an hour late paying the rent may be in breach of the landlord’s implied duty of good faith and fair dealing—unless, for example, the lease agreement specifies an hour (12:00 p.m.) of the day by which rent is due and states that time is of the essence.

In Nebraska, a business that leases commercial space such as offices, warehouses, or retail locations is typically required to enter into a commercial lease agreement. This agreement outlines the terms and conditions of the lease, including the payment of rent. If a tenant fails to pay rent on time, the landlord may impose late fees, terminate the lease, or lock the tenant out, depending on the provisions of the lease agreement. Nebraska contract law includes an implied duty of good faith and fair dealing, which means that both parties are expected to act honestly and fairly in the execution of the contract. A landlord's right to charge late fees and take other actions for late payment must be clearly stated in the lease agreement. If the lease specifies a precise time by which rent is due and emphasizes that timing is critical, the landlord may have firmer grounds to enforce such provisions. However, actions perceived as overly harsh or unfair, even if technically allowed by the lease, could potentially be challenged as a breach of the implied duty of good faith and fair dealing.