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 Arkansas, businesses seeking to lease commercial spaces such as offices, warehouses, or retail locations are 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. Arkansas law typically offers fewer protections to commercial tenants compared to residential tenants, placing the onus on the business to understand and negotiate the terms of the lease. Every clause in a commercial lease can significantly affect the business's operations and financial health. Therefore, it is crucial for a commercial tenant to carefully review and possibly seek amendments to the lease agreement that align with their interests. The ability to terminate a commercial lease early is generally governed by the specific provisions within the lease agreement itself, and businesses should ensure they are aware of any termination clauses and their implications before entering into the contract.