West Virginia Commercial Lease Guide

Commercial Lease Guide for West Virginia

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

Key Lease Considerations

West Virginia deals can be attractive on base rent, but older buildings and “NNN-style” maintenance language can shift major costs to tenants if the lease isn’t precise.

This guide highlights the clauses that most often change the economics — CAM definitions, repair/replacement exposure, and (where relevant) mineral/surface-use provisions that can affect access and quiet enjoyment.

Major markets

Where we see the most leasing activity.

Charleston
Huntington
Morgantown
Parkersburg
Wheeling

Common lease types

Typical structures and what to watch.

Retail: modified gross or NNN (CAM scope and exterior maintenance)
Office: gross or modified gross (utility allocation and escalations)
Industrial: NNN (roof, paving, and equipment access language)

Cost drivers

Items that often create surprise bills.

Older-building systems (HVAC, roof, plumbing) and “repair vs. replace” clauses
CAM scope, admin/management fees, and capital pass-throughs
Parking lot and exterior maintenance responsibility
Utilities and shared-meter allocation
Mineral/surface-use activity that can interfere with access (property-specific)

Negotiation checklist

Define and cap CAM

Require a CAM budget, annual reconciliation, and audit rights. Exclude capital replacements (or require amortization) and cap management/admin fees.

Repairs vs. replacement clarity

Spell out who pays for replacement of roof/HVAC/pavement and major structural items. If tenant maintenance is required, negotiate caps and exclude major capital replacements.

Exterior and parking responsibilities

Clarify who maintains paving, drainage, lighting, and snow/ice (if applicable). Avoid being responsible for the entire parking lot in a multi-tenant property.

Mineral/surface-use reality check (if relevant)

If the property has mineral leases or access rights, confirm your right to quiet enjoyment and uninterrupted access. Negotiate notice, safety, and indemnity protections where possible.

Rent start tied to opening readiness

Tie rent commencement to delivery of a usable premises and completion of required landlord work/approvals. Avoid paying full rent while the space is still under construction.

Default language you can survive

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

Exit flexibility

Negotiate reasonable assignment/sublease rights and clear consent standards so you can sell the business or relocate without being trapped by the lease.

Official resources

West Virginia Secretary of State — business organization search West Virginia State Tax Department West Virginia SBDC

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

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

Are NNN leases common in West Virginia?

They exist, especially for retail and industrial, but many deals are modified gross. Regardless of structure, you want a clear CAM/expense definition and reconciliation/audit rights.

Why do “repair vs. replacement” clauses matter more in older buildings?

If the lease makes you responsible for “maintenance,” some landlords interpret that to include costly replacements. Make sure the lease separates routine repairs from major capital replacements and caps your exposure.

What is a mineral/surface-use issue and does it always apply?

Some properties have mineral rights or access arrangements that can affect surface use. It’s property-specific, but it’s worth confirming your right to quiet enjoyment and access if anything like this is mentioned in the lease.

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.