Commercial Lease Attorneys in Northern Virginia
The Lease Is the Whole Deal
In a commercial lease there is no tenant protection statute to fall back on, so the written document decides almost everything, from rent and repairs to renewals and remedies. We draft and negotiate leases for landlords and tenants across Northern Virginia.
✓ Landlords & Tenants
✓ Leesburg & Fairfax
✓ Every Clause Matters
Why the Document Matters So Much
Three Realities of a Virginia Commercial Lease
The Lease Controls
No residential tenant statute applies, so the written lease governs almost everything
No Duty to Mitigate
A landlord generally need not re-let after a tenant leaves, so the tenant can owe the rest of the term
Personal Guaranty
Landlords usually require a principal’s guarantee, putting personal assets behind the lease
Sources: Virginia Residential Landlord and Tenant Act, § 55.1-1200 et seq. (residential only); Code of Virginia § 11-2 (statute of frauds) and § 55.1-306 (statute of conveyances; longer leases by deed); Virginia common law on a commercial landlord’s remedies and limited duty to mitigate (Crowder v. Virginia Bank of Commerce). Commercial leases are governed by contract law and the lease’s own terms.
A commercial lease is one of the most significant contracts a business ever signs, and Virginia treats it as a matter of freedom of contract. There is no tenant protection statute standing behind you the way there is with an apartment. Whatever the lease says, or fails to say, is what you live with, which is why the drafting is the moment that counts.
A Clause That Reads Fine Can Cost a Fortune
Because so little statutory protection applies to commercial space, the lease has to do all the work. A single provision can decide who pays for a new roof, whether you can assign the space if your business changes, how much rent really costs once operating expenses are added, and what happens if either side defaults. Terms that look routine are often the ones that matter most, and they are all negotiable.
We draft and negotiate leases for both landlords and tenants, on office, retail, industrial, and warehouse space. Getting the lease right up front is the best protection against a lease dispute later, and when a lease is part of buying or selling income property, we handle both together.
Schedule a ConsultationWhere We Come In
- ✓ You are leasing out office, retail, industrial, or warehouse space
- ✓ You are a business signing a lease and want the terms reviewed first
- ✓ You need a lease drafted, or a letter of intent turned into a lease
- ✓ You are negotiating rent structure, escalations, or CAM pass-throughs
- ✓ You are being asked for a personal guaranty and want to limit your exposure
- ✓ You need renewal, assignment, or subletting terms that actually work
What We Handle
Commercial Lease Services
The provisions that decide cost, flexibility, and risk, drafted to protect your side.
Lease Drafting & Review
Preparing a lease from scratch or reviewing the one in front of you, so the terms match the deal you think you are making.
Rent, CAM & Operating Expenses
Sorting out gross, modified gross, and triple net structures, what is passed through, and caps and audit rights on expenses.
Options & Exclusives
Negotiating renewal, expansion, and right-of-first-refusal options, and use and exclusive-use clauses that protect a retail tenant.
Assignment & Subletting
Setting the consent standard so a tenant keeps the ability to assign or sublet, and a landlord keeps appropriate control.
Guaranties & Security
Handling personal guaranties, security deposits, and letters of credit, and narrowing a guaranty to a good-guy or burn-off form.
Default, Remedies & Restoration
Addressing cure periods, acceleration, maintenance and repair duties, and what happens after casualty or condemnation.
The terms that decide a commercial lease
Because the residential statute does not apply, the lease itself sets the rules. A lease of more than a year must be in writing, and a lease of more than five years should be signed as a deed under seal, or it can be enforceable only as a month-to-month tenancy. Rent may be gross, modified gross, or triple net, so a tenant needs to know what counts as additional rent and common area maintenance, and should negotiate caps and the right to audit. Use, exclusive-use, and co-tenancy clauses shape a retail deal, and assignment and subletting turn on the consent standard. Personal guaranties put an owner’s own assets behind the business, and can often be limited in time or amount or converted to a good-guy form. Tenants should watch for a confession of judgment clause, which Virginia bars in residential leases but permits in commercial ones, and for acceleration language that makes all remaining rent due on default, which Virginia courts generally enforce. And because a commercial landlord usually has no duty to re-let after a tenant leaves, walking away early can mean owing rent for the rest of the term. The lease is the protection, so every clause is worth reading.
Attorney Insight
“With commercial leases, I remind clients that there is no safety net in the statute. Whatever ends up in the document is the deal, for years. I have seen a routine-looking maintenance clause turn into a roof-sized bill, and a missing assignment right trap a business that outgrew its space. Whether I am on the landlord’s side or the tenant’s, the work is the same: read every clause, understand what it costs in the real world, and negotiate it before anyone signs.”
Anthony I. Shin, Esq.
Founder, Shin Law Office
Common Questions
Answers Before You Call
Does Virginia’s landlord-tenant law protect me in a commercial lease?
No. The Virginia Residential Landlord and Tenant Act applies to homes, not commercial space. A commercial lease is governed by contract law and its own terms, which is exactly why the drafting and negotiation matter so much. What you negotiate is what you get.
What is triple net, and why does it matter?
In a triple net lease the tenant pays property taxes, insurance, and common area maintenance on top of base rent, so the real cost is well above the rent number alone. Knowing exactly what is passed through, and negotiating caps and audit rights, can save a tenant a great deal.
Should I sign a personal guaranty?
Landlords often ask for one, and it puts your personal assets behind the lease, so treat it as seriously as co-signing a mortgage. It is often negotiable, for example limited in time or amount, or converted to a good-guy guaranty that releases you when you surrender the space cleanly. We help you understand and narrow the exposure.
Can I assign or sublet my space?
Only as the lease allows, and the consent standard is what matters. A well-drafted clause requires the landlord to be reasonable about approving a new tenant, while a poorly drafted one can trap you. We negotiate assignment and subletting terms that keep your options open as the business changes.
If I break my lease, does the landlord have to find a new tenant?
Generally not. Unlike residential leases, a commercial landlord in Virginia usually has no duty to re-let after a tenant abandons, and may let the space sit and collect rent for the rest of the term. Combined with an acceleration clause, that can turn walking away into a large judgment, which is why an exit strategy belongs in the lease from the start.
Related Real Estate Services
Have the Lease Reviewed Before You Sign
Whether you are the landlord or the tenant, the terms are far easier to shape before signatures than to fix afterward. Send us the lease or the letter of intent. Serving Leesburg, Fairfax, and all of Northern Virginia.
Prefer to talk now? Reach Anthony I. Shin, Esq. at 571-445-6565.
Based in Loudoun County and serving clients across Virginia, Washington DC, and Maryland, we know that when everything’s on the line, the right attorney doesn’t just make a difference, they determine the outcome.
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Copyright © 2026 Shin Law Office, PLC. All rights reserved.
Copyright © 2026 Shin Law Office, PLC. All rights reserved.
Reproduction of any content on this site is prohibited except for individual, non-commercial, informational use. This limited permission does not allow modification, distribution, or incorporation of any content into other works or publications in any medium. You may not reproduce or distribute content from this site to any third party.