Commercial Lease Laws in Virginia
Don't sign a lease in Virginia until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
Ensure the lease prohibits lockouts, utility shutoffs, or other self-help remedies, and requires a court process for eviction and possession.
Virginia localities may impose business license and personal property taxes on equipment. Budget for these separately and ensure the lease doesn’t double-charge them as “taxes” or CAM.
Common Red Flags in Virginia
Commercial real estate in Virginia typically favors the landlord in standard lease drafts. Whether you are in Richmond or elsewhere, you need to watch out for:
- Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
- Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
- Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions
Is a Triple Net (NNN) lease legal in Virginia?
Yes, NNN leases are the industry standard for commercial retail and office space in Virginia. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in Virginia?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.