Commercial Lease Laws in West Virginia
Don't sign a lease in West Virginia until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
In WV, underlying mineral rights and easements can affect access and operations. Confirm the landlord controls surface rights and add protections for business interruption and site access.
Define who carries flood coverage (if needed) and who pays deductibles/uninsured losses. Keep structural and site-wide storm repairs with the landlord.
Common Red Flags in West Virginia
Commercial real estate in West Virginia typically favors the landlord in standard lease drafts. Whether you are in Charleston 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 West Virginia?
Yes, NNN leases are the industry standard for commercial retail and office space in West Virginia. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in West Virginia?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.