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Commercial Lease - Notice to Vacate and Old Rates

Discussion in 'Commercial Law Forum' started by Kirsten Smith, 16 July 2014.

  1. Kirsten Smith

    Kirsten Smith Active Member

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    I am currently renting a commercial property on a month to month basis commercial lease and have just paid the current rates due. I sent an email today to the owner stating I would be vacating and she has approached me in the office and threatened me she is going to charge me for last years rates that she forgot about. Do I have to pay these rates (considering they are for last year and she forgot about them and has never hit me up for payment before I gave her notice to vacate)?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Kirsten,

    Can you answer the following questions?

    - Which State are you in?
    - What does your lease agreement say about notice to terminate by the lessee? As well as your right to terminate the lease?
    - Does your lease specify an exact amount for rent per month? Or is this calculated according to a specified formula/method?
    - In relation to the amount your landlord is demanding, is this for the actual lease or is it for other service charges (utilities, rates, building service charges, management charges, repairs etc)? You are advised to find out what these extra charges are for and why they were not charged to you at the very beginning. If it was a mere miscalculation or for outstanding charges, then you may have to pay them, to an extent. This will depend on the nature of the charges.
    - To clarify, you are not on a fixed term lease but on a month to month, with no minimum commitment period, is this correct?
     

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