LingleLaw

Landlord-Tenant

Landlord-Tenant Law:  We routinely review or draft commercial leases for both landlords and tenants, and we draft residential leases for landlords.   If you own and lease property, either commercial or residential, you need to have a strong lease that is tailored to your specific property. Standard form leases that you can obtain on-line or through internet legal providers often do not take into account the specific use of the property and are  not geared to Virginia.  A residential lease for a single-family detached home needs to cover different issues than a lease for an apartment.  A vacation rental property demands an entirely different lease. 

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We routinely review or draft commercial leases for both landlords and tenants, and we draft residential leases for landlords.   If you own and lease property, either commercial or residential, you need to have a strong lease that is tailored to your specific property.  Standard form leases that you can obtain on-line or through internet legal providers often do not take into account the specific use of the property and are  not geared to Virginia.  A residential lease for a single-family detached home needs to cover different issues than a lease for an apartment.  A vacation rental property demands an entirely different lease.  Depending on the number of properties owned by a residential landlord the lease may need to comply with the Virginia Landlord Tenant Act.   A commercial lease for industrial property or a warehouse needs to cover different issues than a lease for an office or a restaurant.  Shopping center leases and other leases for property owned by large commercial landlords are much less negotiable.  Common area maintenance, insurance and liability provisions can be very stringent.  We have extensive experience with all these leases.  Whether you are a commercial or residential owner leasing your property or a business owner leasing commercial space we can handle all your leasing needs.

If you lease property to a tenant who is not paying rent or is otherwise defaulting on a lease you should be very pro-active.  The process can take months, so it is important to be aggressive.  Declaring default, recovering possession of the property and collecting what is owed should be clearly outlined in the lease.  For residential property you may need to comply with the Virginia Landlord Tenant Act, which has specific notice and default provisions.  For commercial property you may be able to take possession of the property, change the locks and claim a lien on the tenant's business assets, but that has to be done carefully.  For either residential or commercial properties, filing an unlawful detainer action in court to evict the tenant and recover rent and costs may be necessary.  Since it takes at least several weeks to get into court it is important to start the process as soon as the tenant is late on rent or has defaulted on other lease obligations.  Whether or not we have drafted your lease we can assist you with lease defaults and evictions.