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.
A commercial landlord’s responsibilities are generally determined by 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 landlord who does not perform its responsibilities under a commercial lease in good faith or who is not fair in its dealings with the tenant may be in breach of the landlord’s implied duty of good faith and fair dealing.
In Alaska, a commercial lease agreement is a binding contract between a landlord and a business tenant for the rental of nonresidential property, such as office space, warehouses, or retail locations. Unlike residential tenants, commercial tenants are presumed to have greater expertise and bargaining power, and thus receive fewer legal protections under state law. It is crucial for the business tenant to thoroughly review, understand, and negotiate the terms of the lease agreement, as the lease's provisions can significantly affect the business's operations and financial health. The responsibilities of a commercial landlord in Alaska are primarily dictated by the terms of the lease agreement itself, supplemented by Alaska's contract law, which includes an implied covenant of good faith and fair dealing. This means that both parties are expected to act honestly and fairly in the performance and enforcement of the lease. If a landlord fails to act in good faith or deal fairly with the tenant, they may be found in breach of this implied duty. It is advisable for businesses to consult with an attorney to ensure that their interests are adequately protected in a commercial lease agreement.