By Anthony I. Shin, Esq. | Business Litigation & Transactions | Shin Law Office
Commercial Lease Lawyer Fairfax, VA | Business Lease Negotiation Checklist
If you’re about to sign a commercial lease in Fairfax—or anywhere in Northern Virginia—you should know this: every lease is negotiable.
But only if you know what to ask for.
Many business owners rush into lease agreements without fully understanding the long-term implications of a few hidden clauses.
I’ve seen deals that initially looked great, only to cost tenants thousands later due to vague language, sneaky fees, or a lack of flexibility.
As a commercial lease attorney based here in Fairfax, I’ve created a practical checklist to help you negotiate lease terms that work for your business, not against it.
Let me walk you through the essentials right here.
✅ My Lawyer-Approved Lease Negotiation Checklist
1. Start with Rent—But Don’t Stop There
- Confirm base rent and how it’s calculated.
- Ask: “Does rent increase over time?”
- Try to cap escalation clauses or tie them to a fair index like CPI.
2. Clarify CAM Fees (Common Area Maintenance)
- What’s included in CAM? (Ask for a detailed breakdown.)
- Are you paying a fixed rate or open-ended charges?
- Request audit rights to review CAM invoices each year.
3. Understand Repair and Maintenance Responsibilities
- Who fixes the HVAC, roof, plumbing, and electrical?
- Spell it out clearly in the lease—don’t rely on vague language.
- Try to exclude structural repairs from your responsibilities.
4. Watch Out for the Personal Guarantee
- If required, can it be limited in time or amount?
- Ask for a “good guy clause” that protects your assets if you exit responsibly.
5. Negotiate Build-Outs and Tenant Improvements
- Who pays for the build-out or remodeling?
- Will you get a tenant improvement allowance (TIA)?
- Is landlord approval required for all changes?
6. Protect Your Right to Sublease or Assign the Lease
- Life changes. Ensure you can sublease or transfer the space if necessary.
- Avoid leases that require landlord approval without reason.
7. Set Clear Rules for Renewal and Rent Review
- Try to lock in renewal rights with fair rent increases.
- Define how rent will be reviewed at renewal (market rate, fixed, CPI-based, etc.).
8. Plan Your Exit: Early Termination Terms
- If you close or relocate, what is the penalty for leaving?
- Can you terminate early for a flat fee or after a set period?
Why Work with a Commercial Lease Attorney?
A strong lease gives you freedom and protection. A weak one can box you in with high costs, risky liabilities, and no way out.
My role is to ensure your lease aligns with your goals, allowing you to run your business with peace of mind.
If you’re opening a new location or renegotiating a lease in Fairfax or the surrounding area, let’s talk before you sign.
Call Shin Law Office at 571-445-6565 or book online today!
I’ll walk you through your lease and help you secure terms that genuinely work for your business.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
