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 as 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.
The law governing commercial leases varies from state to state but generally consists of a state's contract law (as applied to the lease agreement)—and in some states, includes the statutes enacted by the state's legislature that specifically apply to commercial tenancies, or that generally apply to both residential and commercial tenancies.
In Mississippi, commercial lease agreements are governed primarily by contract law principles, as commercial tenancies are considered a form of contract between the landlord (lessor) and the tenant (lessee). Unlike residential leases, which are subject to specific statutory protections for tenants, commercial leases offer fewer statutory protections due to the assumption that businesses are more knowledgeable and capable of negotiating lease terms. It is crucial for a business entering into a commercial lease in Mississippi to carefully review and negotiate the terms of the lease, as the lease agreement will significantly affect the business's operations and financial health. While there may be some state statutes that apply to both residential and commercial tenancies, the onus is on the commercial tenant to ensure that the lease agreement provides the necessary protections and to understand the implications of each clause in the contract. An attorney can be instrumental in reviewing and negotiating a commercial lease to safeguard the interests of the business.