West Virginia Commercial Lease

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The West Virginia Commercial Lease is a kind of lease used for a for-profit organization to rent out a property for commercial reasons. Note that only a commercial organization can use this type of lease. A non-profit, charitable or political entity could not and would have to use a different kind of lease.

Without the common law requirement to consist of easy to understand language, a Commercial Lease can often be much more complicated than a residential lease.  They will often contain clauses about what the property can be used for (typically business or industry), and may have clauses pertaining to the surrounding units on the property.

They will also often make the tenant responsible for more than just the rent. The most common type of commercial lease is a Triple Net (NNN) lease, where the tenant is responsible for the utilities, upkeep and property taxes, in addition to the rent. In a Gross Lease, the tenant is only responsible for the rent, but the rent will be significantly higher than in Triple Net lease.

All of the lease laws that apply to Residential Leases apply to Commercial Leases, albeit occasionally with unique statues. All of West Virginia’s lease laws can be found in West Virginia Statues, Chapter 37. West Virginia’s Commercial Code can be found in Chapter 46.