By Anthony I. Shin, Esq. | Business Litigation & Transactions | Shin Law Office
Commercial Lease Attorney Loudoun County, VA | Avoid Costly Lease Traps
As a business owner in Loudoun County, signing a commercial lease is a big step.
Whether you’re opening your first shop or expanding your office, the lease you sign can either protect your business—or leave you stuck with costly surprises.
I’ve reviewed enough leases to know that what appears to be a good deal on paper can conceal some serious pitfalls.
Let me walk you through a few of the most common ones I’ve seen in Northern Virginia.
1. The Escalation Clause: When Rent Keeps Rising
One of the first traps I warn clients about is the escalation clause.
This allows the landlord to raise your rent during the lease term, typically on an annual basis.
While a slight increase tied to inflation might seem fair, I’ve seen leases where the increases jump way above market rates.
What to do: Always ask how much rent will increase over time, and ensure it’s clearly stated in the lease.
Better yet, cap the increase with a limit or tie it to a known index, such as the Consumer Price Index (CPI).
2. Personal Guarantees: Putting Your Assets on the Line
Many landlords will require you to guarantee the lease personally.
That means if your business can’t pay rent, they can come after you—your savings, your home, even your retirement accounts in some cases.
What to do: Try to limit the guarantee.
Sometimes, we can negotiate a “good guy clause” or reduce how long you’re personally liable.
Don’t just sign away your finances without understanding the risk.
3. Vague Repair and Maintenance Terms: Who Fixes What?
This one causes headaches for many tenants.
The lease might state that you’re responsible for “maintenance,” but does that include the HVAC system? The roof?
What if the plumbing backs up?
What to do: Get specific. I help clients clarify who handles what, including HVAC, structural repairs, common areas, and more.
You don’t want to be stuck replacing a $10,000 air conditioner because the lease wasn’t clear.
4. Common Area Maintenance (CAM) Fees: The Never-Ending Bill
If you’re in a shopping center or office building, you’ll likely pay for the upkeep of shared areas.
However, some landlords pad these bills with extras, such as legal fees or unrelated improvements.
What to do: Review CAM clauses carefully. Ask for a breakdown of what’s included and try to set limits.
I’ve helped clients negotiate flat-rate CAM charges or audit rights to prevent surprises.
5. No Clear Exit Plan: Stuck in the Lease
What happens if you need to close your business, move, or sell? Many leases make it complicated—or expensive—to leave early.
Some even ban subleasing or lease transfers.
What to do: Plan. I work with clients to build exit options, such as subleasing rights, early termination clauses, or defined penalties, that you can budget for in case things change.
Why You Shouldn’t Sign Without a Legal Review
I understand—commercial leases can be overwhelming, and you want to get started.
But trust me, a few hidden words in that lease can cost you thousands later.
You deserve a lease that supports your business, not one that buries you in fine print.
If you’re a business owner in Loudoun County or anywhere in Virginia, I’d be happy to review your lease and make sure you’re protected before you sign.
Let’s keep your focus where it should be—on growing your business, not fighting your landlord.
Call Shin Law Office at 571-445-6565 or book online today!
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
