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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23464
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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Fred, Thank you for your recommendation, it was defiantly

Resolved Question:

Fred,
Thank you for your recommendation, it was defiantly helpful. Option 1 is too risky for me, option 2 sounds good. However should I send them letter stating that I'm requesting again CAM break-down and if I do not get them I will have to involve court and lawyer and that they (landlord) will be responsible for the expenses incurred (lawyer fees, court filling fees, parXXXXX, XXXXXe). That's what L. had before to me and I had no choice than to pay. I did pay a lot for the clashes with them before. So ultimately do I have legal right to recover expenses incurred if the judge does order to provide break-down.

and will there be a possibility to demand to audit CAM charges and statements from the previous periods? and if so to recover overcharges/overpayments?

and further file a suit to seek punitive damages?
Submitted: 11 months ago.
Category: Business Law
Expert:  Law Pro replied 11 months ago.
Hi!

Thank you for your recommendation, it was defiantly helpful. Option 1 is too risky for me, option 2 sounds good.

I UNDERSTAND. COMMERCIAL LANDLORDS IMMEDIATELY START EVICTION AND LOCKOUTS WHEN THEIR TENANTS STOP PAYING. THERE AREN'T THE PROTECTIONS FOR COMMERCIAL TENANTS LIKE THERE ARE FOR RESIDENTIAL TENANTS.



However should I send them letter stating that I'm requesting again CAM break-down and if I do not get them I will have to involve court and lawyer and that they (landlord) will be responsible for the expenses incurred (lawyer fees, court filling fees, parXXXXX, XXXXXe).

YES. I WOULD SEND A LETTER BASICALLY STATING THAT IF YOU DON'T GET AN ITEMIZED BREAK-DOWN YOU WILL HAVE NO ALTERNATIVE BUT TO PURSUE YOUR LEGAL REMEDIES INCLUDING, BUT NOT LIMITED TO FILING SUIT FOR AN ACCOUNTING AND ITEMIZATION OF THE CAM EXPENSES.



That's what L. had before to me and I had no choice than to pay. I did pay a lot for the clashes with them before. So ultimately do I have legal right to recover expenses incurred if the judge does order to provide break-down.

TO ME, THEIR CAM CHARGES WERE FULL OF DOUBLE CHARGES AND MAYBE TRIPLE CHARGES. ABSOLUTELY YOU COULD RECOVER YOUR LEGAL FEES AND EXPENSES PURSUING THEM IN COURT.

and will there be a possibility to demand to audit CAM charges and statements from the previous periods? and if so to recover overcharges/overpayments?

YOU CAN GO BACK FAIRLY FAR - THAT IF THEY WERE FRAUDULENT - THE "DISCOVERY RULE" WOULD ALLOW YOU TO RECOVER BEYOND THE STATUTE OF LIMITATIONS FOR BREACH OF CONTRACT.

and further file a suit to seek punitive damages? ABSOLUTELY.

Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, it may take several years to diagnose physical symptoms as having resulted from medical malpractice, or to discover a financial planner's embezzlement due to the issuance of false statements of account.

 

 

The "discovery rule", the statute of limitations begins to run when the injured person discovers, or should have discovered, the existence of the cause of action.



This would apply in your situation - that the statute of limitations would start to run when you discover their fraud.
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23464
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
Law Pro and 3 other Business Law Specialists are ready to help you
Customer: replied 10 months ago.

Hello Fred,


 


Glad you're back online, I have few new questions to address?


 


I had sent the letter to my landlord re CAM charges advising them of legal actions that I might take in order to resolve the matter and on the deadline date which was Aug 14, landlord called asking for me and telling me that I'm not on the lease and would not give out any info, pls see the thread with Dimitry. I'm waiting till I find a good representation and we evaluate the risks and possible outcomes of the suit we might file for not full filling the lease obligations. However, yesterday I received a notice form the court to appear for a trial (09/11) for non-payment of august rent, which was paid on time, but not in full due to honest mistake. What would you recommend to do?


1. Contact the landlord, and how via email, phone call, in person, certified mail? since the rent was paid on time ( the 10th of the each month) and the mistake has been corrected within one week on the 16th), but the court notice is dated by 08/14?


 


Thank you and will be anxiously waiting for an advice.

Expert:  Law Pro replied 10 months ago.
Hi!

Regretfully, I was on vacation for awhile in remote area of Canada at our family cottage (I'm third generation) - therefore, no internet and no cell phone useage. Although a hinderance - it was great to have the kids full attention and not be subject to their "text messaging"!!!


Let me review the communication with Dimitry and I'll get back to you.
Expert:  Law Pro replied 10 months ago.
So the LL filed suit before you correct the rent deficiency - correct?
Customer: replied 10 months ago.

It appears so, the rent was due on the 10th, and the check was dropped off on the 10th, then when I went to drop off the real estate tax check luckily I forgot the exact amount and asked to remind me of the total, so that's how I discovered the mistake I've made with the rent, and corrected immediately by paying the entire outstanding balance for August.

Expert:  Law Pro replied 10 months ago.
Have you contacted the LL's attorney and asked what they want since you have paid the deficiency?
Customer: replied 10 months ago.

Well that was my question should I contact the LL (property manager) directly to address the issue? since I don't know the attorney and how?


via mail or phone call should be enough?


 

Expert:  Law Pro replied 10 months ago.
I would. The reason being is because if they want to charge something additional - like the court costs and attorney's fees - I would negotiate that.

I'm sure, pursuant to the lease, that you're liable for the court costs and attorney's fees, so instead of actually going to the hearing you could negotiate payment of such and the hearing be dismissed. Otherwise, everyone has to go to the hearing and your costs go up.

So I would ask what it will take additionally to resolve this without the necessity of going to court. Then see if they will take less certainly.

But get the amount in writing (email or text message is fine) and then pay the amount. Ask that they also confirm to you in writing (email or text message again is fine) that the hearing is dismissed.

Then I would pay the negotiated amount by certified funds (bank cashier's check or the like - keep a copy for your records).

It's kind of ridiculous going to court and incurring additional fees AND taking the time out of your day to do such when it's unnecessary.
Customer: replied 10 months ago.

But everything has been paid already, on the August 16th!


 


and the lease allows once a year a waiver of late fees due to honest mistake.


 


they do have an argument to go to the court?

Expert:  Law Pro replied 10 months ago.
Does the monthly lease payment change every month?

Customer: replied 10 months ago.

no it does not, it is fixed date

Expert:  Law Pro replied 10 months ago.
What was the reason that there was a deficiency in the payment?
Customer: replied 10 months ago.

I have no idea how I confused the amount, I'm usually really careful with that but I wrote the check which was couple of hundred dollars short (real honest mistake)

Expert:  Law Pro replied 10 months ago.
Did you superimpose numbers or something?

Like switch a 2 or 3 around?
Customer: replied 10 months ago.

unfortunately right before I ran out to drop off he check I looked the total amount from the file and got it from the wrong invoice

Expert:  Law Pro replied 10 months ago.
OK, can you show that wrong invoice to substantiate your error?
Customer: replied 10 months ago.

I sure can, I looked it up from the letter from the LL saying the new CAM and effective march 1, 2013 my rent such and such

Customer: replied 10 months ago.

but I forgot that the base rent went up in June and relied to that sataement

Expert:  Law Pro replied 10 months ago.
Then that's very believable as to an honest mistake.

If you are given one honest mistake within the lease - then I would use it now.

In fact, if that's written in the lease - then they shouldn't even have filed suit without communicating to you beforehand. That you legally don't even owe court costs and their attorney's fees under the circumstances.
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23464
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
Law Pro and 3 other Business Law Specialists are ready to help you

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