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socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38570
Experience:  Retired (mostly)
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If we have a commercial lease years that allows for

Customer Question

If we have a commercial lease for 10 years that allows for an increase each anniversary of the lease but the landlord does not impose the increase, can they come back at the end of the 10 year lease (as it is being renewed for an additional 5 years) and assess that compounded back rent to the tenant?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 1 year ago.
Hello, Does your lease provide you with any option to terminate or renegotiate the lease in the event of an increase? Also, in which state jurisdiction are you located?
Customer: replied 1 year ago.
We are in California. The lease states that there will be an annual increase based on the CPI but the lardlord never put the increases in place and now that we are renewing for 5 years, they are assessing the compounded amount for the 10 years.
Expert:  socrateaser replied 1 year ago.
Okay, thanks. The general rule is that a "waiver is the intentional relinquishment of a known right after knowledge of the facts. [Citations]. The burden, moreover, is on the party claiming a waiver of a right to prove it by clear and convincing evidence that does not leave the matter to speculation, and `doubtful cases will be decided against a waiver.'" City of Ukiah v. Fones (1966) 64 Cal.2d 104, 107-108. The general rule, however, does not permit me to answer your specific question. I would have to review both the old and renewal lease agreements. Otherwise, I would be engaged in a pure speculation. If you would like a formal contract review, I will send you an additional services request, and we can take this matter offline. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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