For a commercial lease, responsibility for the maintenance and repairs varies greatly depending on the nature and language of the lease agreement. For example, the lease may be a full service or gross lease in which the landlord has responsibility for most all maintenance and repairs—or the lease may be at the other end of the spectrum—a triple-net lease (NNN) in which the tenant has responsibility for most all maintenance and repairs. Or the lease may be a modified gross lease in which the landlord and tenant share responsibility for maintenance and repairs.

In Virginia, the responsibility for maintenance and repairs in a commercial lease is primarily determined by the terms of the lease agreement itself. A full service or gross lease typically means the landlord is responsible for most maintenance and repairs, ensuring the property remains in good condition and operational for the tenant. Conversely, a triple-net lease (NNN) places the majority of this responsibility on the tenant, including costs associated with property taxes, insurance, and maintenance. A modified gross lease represents a middle ground where the landlord and tenant negotiate and share the responsibilities and costs for maintenance and repairs. It is crucial for both landlords and tenants to carefully review and negotiate the terms of their commercial lease agreements to clearly understand their respective obligations. An attorney with experience in commercial real estate can provide valuable guidance in interpreting and drafting lease terms to protect the interests of the parties involved.