A business that leases real estate and improvements (buildings, etc.) in the form of space for offices, a warehouse, a restaurant, a nail or hair salon, a clothing store, a coffee shop, or other commercial (nonresidential) space will usually be required to sign a written contract known as a commercial lease agreement.
The tenant (the business occupying the space) who signs a commercial lease agreement is generally expected to be a more savvy, sophisticated, and informed tenant (also known as a lessee) than a tenant in a residential lease, and the law usually does not provide a commercial tenant with the same protections as residential tenant receives.
Because the law does not provide a commercial tenant with as many protections, it is up to the commercial tenant to read, understand, and negotiate protections in a proposed lease agreement before signing it, as most every paragraph in a commercial lease agreement can have a significant impact on a business’s operations and financial stability.
The law governing commercial leases varies from state to state but generally consists of a state's contract law (as applied to the lease agreement)—and in some states, includes the statutes enacted by the state's legislature that specifically apply to commercial tenancies, or that generally apply to both residential and commercial tenancies.
In Virginia, commercial lease agreements are governed by the state's contract law and specific statutes that may apply to commercial tenancies. Unlike residential tenants, commercial tenants are not afforded the same level of legal protections and are expected to be more knowledgeable and proactive in understanding their lease agreements. It is crucial for a business entering into a commercial lease in Virginia to thoroughly review and negotiate the terms of the lease, as these terms can significantly affect the business's operations and financial health. The tenant should ensure that they fully comprehend all the provisions, including but not limited to rent, lease duration, renewal options, maintenance responsibilities, and termination conditions. Given the complexity and potential impact of commercial leases, it is often advisable for a business to consult with an attorney to ensure that their interests are adequately protected before signing the agreement.