Virginia Commercial Lease Review
Virginia is one of the clearer states on self-help. Its landlord and tenant chapter expressly lets a commercial landlord evict without further legal process once the tenant’s right to possession has ended, so long as no breach of the peace results. That right can be triggered by a five-day written notice for unpaid rent. Virginia also allows judgment by confession in the clerk’s office under a power of attorney. A Virginia review should test the default clause against all of this.
Can a Virginia landlord evict a business without going to court?
Yes, in limited circumstances. Under Va. Code 55.1-1415, a nonresidential tenant who remains in default five days after receiving written notice requiring payment or possession forfeits the right to possession. The landlord may then evict by self-help, without further legal process, as long as the eviction does not incite a breach of the peace. The landlord may instead use an unlawful detainer action. After a court-ordered eviction, section 55.1-1416 gives the tenant 24 hours to retrieve property before the landlord may dispose of it. Because self-help is lawful here, a missed payment can mean finding the locks changed with little warning, so the cure period in your lease matters more in Virginia than in states that require a court order first.
What other Virginia rules shape a commercial lease?
Va. Code 8.01-432 lets an attorney in fact acting under a power of attorney confess judgment in a circuit court clerk’s office even when no suit is pending. Watch for confession language in the lease or in a guaranty, and ask for it to be deleted. It is especially risky combined with a personal guaranty, because it can reach your own assets quickly and leaves you to challenge the judgment afterward.
Under section 55.1-1410, for nonresidential property and if the lease is silent, a year-to-year tenancy ends on three months’ written notice before the end of the tenancy year, and a month-to-month tenancy on 30 days’ written notice before the next rent due date.
Virginia sources checked 2026-10-09: Va. Code § 55.1-1415 · Va. Code § 55.1-1416 · Va. Code § 55.1-1410 · Va. Code § 8.01-432. Laws change; confirm the current rule before relying on it.
Frequently asked questions
What should I negotiate given Virginia’s commercial self-help rule?
Ask for a longer written cure period than the five days in Va. Code 55.1-1415, and a clause requiring the landlord to use court process rather than self-help. Also ask for a set window to remove inventory and equipment after any lawful re-entry, since the statutory 24-hour retrieval period is short.
Can a Virginia landlord get a judgment without suing me?
If you signed a confession of judgment clause, potentially yes. Va. Code 8.01-432 lets a judgment be confessed in the clerk’s office under a power of attorney, and it is as binding as one confessed in open court. Look for this language in both the lease and any personal guaranty, and ask to remove it before signing.
Signing a commercial lease in Virginia?
Upload the lease and any guaranty. Every page is read, rent and escalations are totalled over the term, and each risky clause is explained in plain English with what to ask the landlord for.
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General information, not legal advice, and not reviewed by an attorney. Confirm with a Virginia attorney before relying on it.