No Clear Exit Plan: Stuck in a Commercial Lease in Fairfax or Loudoun County

By Anthony I. Shin, Esq. | Business Litigation & Transactions | Shin Law Office

Commercial Lease Exit Strategy Loudoun or Fairfax County, VA | Tenant Legal Help

If you’re signing a commercial lease in Loudoun or Fairfax County, one of the biggest mistakes you can make is not planning your exit.

Most business owners think about square footage, rent, and renovation costs—but they don’t think about what happens if they need to leave early.

Life happens.

Businesses expand, relocate, close, or get sold.

But if your lease doesn’t allow for flexibility, you could be stuck paying thousands in penalties, or worse—locked into a space you no longer need.

Why Exit Clauses Matter More Than You Think

I’ve seen too many leases that don’t allow subleasing, require landlord approval with no guarantee, or include vague language that leaves tenants on the hook long after they’ve moved out.

Here’s what that might look like in practice:

  • You sell your business, but the lease prohibits transferring the agreement
  • You outgrow your space, but the lease doesn’t allow subleasing
  • You want to shut down, but the lease includes no way to exit early without paying every remaining month

This isn’t just inconvenient—it’s financially devastating.

How to Build an Exit Plan Into Your Lease

When I review leases for business owners in Loudoun and Fairfax counties, I place a strong emphasis on exit strategy clauses. You should, too.

Subleasing & Assignment Rights

Always make sure you have the right to sublease or assign the lease to a new business owner.

Otherwise, you’re on the hook until the lease ends.

Early Termination Clauses

These can outline a specific buyout fee or timeline if you need to exit.

Some leases allow you to pay 3–6 months’ rent to terminate the lease early rather than the full term.

Defined Penalties

Unclear penalties can be dangerous.

I help clients negotiate transparent, flat fees instead of open-ended liability.

Landlord Approval with Reason

If the lease requires landlord approval for a transfer, ensure that the lease states approval can’t be unreasonably withheld.

Think Long-Term—Not Just Move-In Day

The best time to plan your exit is before you sign the lease—not after you’re stuck in it.

If you’re starting or renewing a lease in Loudoun or Fairfax County, let me help you review it line by line and build an exit strategy that protects your business and your future.

Don’t Sign a Lease Without an Exit Strategy

📞 Call 571-445-6565 or visit https://shinlawoffice.com/contact/ to schedule a lease review.

Let’s ensure your lease aligns with your business, regardless of any changes that may occur.

Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office

Commercial Lease Attorney for Virginia Businesses | Loudoun & Fairfax County Attorneys