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Ok Zach, I have my lease in front of me. Clause #16 is titled "Effect of Default" In the event of any default or breach, in addtion to any other right or remedy available to landloed, either at law or in equity, landlord may exert any or one or more of the following rights: 1) Landlord may re-enter the premisis immediately and remove property an personnel of tenant etc... 2) Landlord may retake the premises and may terminate this lease by giving written notice of termination to tenant. Without such notice, landlords retaking will not terminate the lease. On termination, landlord may recover from tenant all damages proximately resulting from the breach, including the cost of recovering the premises and the difference between the rent due for the balance if the lease term as though the lease had not been terminated and the fair market value of the premises for the balance of the lease term as though the lease had not been terminated wich sum shall be immediately due to the landlord from the tenant. 3) Landlord may re-let the premises or any part thereof for any term without terminating this lease, at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the premises. In addition to tenant's liability to landlord for breach of this lease, tenant shall be liable for all expenses of re-letting, for any alterations and repairs made, and for the rent due for the balance of the lease term, which sum shall be immediately due landlord from tenant. The amount due landlord will be reduced by the net rent recieved by landlord during the remaining term of this lease from re-letting the premises or any part thereof. If during the remaining term of this lease landlord receives more than the amount due the landlord under this sub-paragraph, the landlord shall pay the tenant, bu tonly to the extent tenant has actually made payment pursuant to this sub-paragraph.
There is no section titled "termination". The section i have just written is the closest thing to it. It does talk about "rent" being paid to landlord, but nothing about CAM fees. Is it just "assumed". If I vacate, but can still pay rent until they re-let or the end of the term, I am not using the common areas to be maintenanced. Correct?
The section in the lease about CAM fees is as follows:
Operating Expenses. In addition to the Base Rent, tenant shall pay a pro rate share of operating expenses of the real estate of which the premises are part, parking areas, and grounds ("Real Estate"). "Operating expenses" shall mean all costs of maintaing and operating the Real Estate, including but not limited to all taxes and special assessments levied upon the Real Estate, fixtures, and personal property used by ladlord at the Real Estate, all insurance costs, all costs of labor, material and supplies for maintenance, repair, replacement, and operation of the Real Estate, including, biut not limited to line painting, lighting, snow removal, landscaping, cleaning, depreciation of machinery and equipment used in such maintenance, repair and management costs, including Real Estate superintendents. Operating Expenses shall not include property additions and capital improvements to the real estate, alterations made for specific tenants, depreciation of the real estate, debt service on long term debt or income taxes paid by landlord.
Tenants pro rata share of the operating expenses shall be determined on an annual basis for each calendar year ending..... If tenant's payments of estimated operating expenses exceed the amount due landlord for that calendar year, landlord shall, at its option, provided tenant is not then in default under this lease, apply the excess as a credit against tenant's other obligation under this lease or promptly refund such excess to tenant if the term of this lease has already expired, in either case without interest to tenant.
Sooo...what do you think? It appears to me that CAM fees are not considered rent, as they refer to them seperate from "Base Rent" as per their verbage. Am I beating a dead horse?
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