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.

Many commercial leases include a provision (paragraph or paragraphs) requiring the tenant to pay a security deposit to protect the landlord against damage to the property and to ensure the payment of at least some portion of the rent.

The security deposit provision should include the circumstances under which the landlord may be able to keep some or all of the security deposit following termination of the lease at the end of the lease term, or earlier termination, as provided by the agreement. The security deposit provision should also provide for the landlord’s obligation to return the security deposit to the tenant following termination of the lease when the landlord does not have the right to retain some or all of the security deposit.

In New Mexico, businesses entering into commercial lease agreements for various types of nonresidential spaces, such as offices, warehouses, or retail stores, are expected to engage in these transactions with a higher degree of knowledge and sophistication compared to residential tenants. New Mexico law typically offers fewer protections for commercial tenants, placing the onus on them to thoroughly review, understand, and negotiate the terms of the lease agreement. This includes negotiating protections that can significantly affect their business operations and financial health. A common element of commercial leases is the security deposit, which serves to protect the landlord from property damage and secure rent payment. The lease should clearly outline the conditions under which the landlord may retain the security deposit upon lease termination, whether at the end of the term or through early termination as stipulated in the agreement. Additionally, it should detail the landlord's obligation to return the security deposit if there are no grounds to retain it. Commercial tenants are advised to consult with an attorney to ensure their interests are adequately protected in the lease agreement.