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 Hawaii, a business that intends to lease commercial space for various purposes such as offices, warehouses, or retail stores will enter into a commercial lease agreement. Unlike residential tenants, commercial tenants are considered more knowledgeable and are expected to understand and negotiate the terms of their lease agreements. Hawaii's commercial lease transactions are primarily governed by general contract law principles, as commercial tenants are not afforded the same level of statutory protections as residential tenants. It is crucial for a commercial tenant to thoroughly review and negotiate the lease terms to ensure they align with their business needs and to mitigate potential risks. While there may be some state-specific statutes that affect commercial tenancies, the onus is on the commercial tenant to ensure that their interests are adequately protected in the lease agreement.