Virginia Commercial Lease Guide

Commercial Lease Guide for Virginia

A practical, tenant-focused guide to reviewing Virginia commercial leases — not legal advice.

Key Lease Considerations

Virginia leases often look straightforward until you model the “all-in” cost: CAM/operating expenses, utilities, and tax language can materially change your monthly burn.

This guide helps you keep pass-throughs predictable, protect your opening timeline with a rent-start contingency, and avoid being billed for costs that should stay with the landlord or the business (not the premises).

Major markets

Where we see the most leasing activity.

Northern Virginia (Arlington/Alexandria)
Richmond
Virginia Beach–Norfolk
Charlottesville
Roanoke

Common lease types

Typical structures and what to watch.

Office: full service or modified gross (expense stops and exclusions matter)
Retail: NNN or modified gross (CAM scope and parking rules)
Industrial/Flex: NNN (roof, yard, and exterior maintenance language)

Cost drivers

Items that often create surprise bills.

CAM definitions, management/admin fees, and capital pass-throughs
Local fees and “taxes” language (make sure it doesn’t sweep in unrelated business taxes)
After-hours HVAC/electric and utility allocation methods
Parking, access, and security requirements (especially in dense areas)
Coastal insurance and flood-related requirements in Tidewater markets

Negotiation checklist

Define CAM and exclude capital

Get an itemized CAM budget, annual reconciliation, and audit rights. Exclude landlord legal fees and capital replacements (or require amortization) and cap management/admin charges.

Tighten “taxes” and fee pass-throughs

Clarify which taxes are property-based (real estate taxes/assessments) versus business-based. Avoid broad clauses that make you responsible for anything called a “tax” or “fee.”

Rent start tied to approvals and delivery

If you need permits/inspections/CO or landlord work, keep rent from starting until the premises are usable and approvals are obtained. Add remedies for delay.

Repairs vs. replacement clarity

Spell out who pays for roof/HVAC/pavement replacement and major structural items. If you maintain systems, negotiate caps and exclude major capital replacements.

Utilities and after-hours HVAC

If the building is shared, require a clear utility allocation method (submetering preferred). Put after-hours HVAC costs and scheduling in writing.

Default language you can survive

Add written notice + cure periods, cap late fees/interest, and avoid acceleration language and unlimited attorney-fee shifting.

Assignment/sublease flexibility

Negotiate reasonable assignment/sublease rights with clear consent standards so you can sell the business, add partners, or relocate if needed.

Official resources

Virginia SCC — business entity search Virginia Department of Taxation Virginia SBDC

Not legal advice. Always verify local requirements and consult qualified professionals for your situation.

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

What’s the most common surprise cost in Virginia leases?

CAM/operating expense increases and broad pass-through language. Ask for a CAM budget, reconciliation, and clear exclusions — and model your all-in occupancy cost.

How should I handle “taxes and fees” clauses?

Clarify what’s property-based (real estate taxes/assessments) versus business-based. Avoid language that makes you responsible for any “fees” the landlord incurs regardless of relation to the property.

How do I protect my opening timeline?

Tie rent commencement to delivery of a usable premises and required approvals (permits/inspections/CO if applicable). Add remedies for delays and avoid paying full rent during construction.

Does BizLeaseCheck provide legal advice?

No. It helps you spot common risks and compare leases quickly, but it’s not legal advice. Use it alongside qualified professional review for your situation.