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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I own a very successful small business. We have been in the

Customer Question

I own a very successful small business. We have been in the same location 10 years. It recently was put under new ownership. I signed a five year lease with my rent price set in stone. Last month they charged $200 higher for CAM fees this month they sent a letter claiming they went over budget tacking on an extra $1000 to my monthly fee. This seems like a sneaky way around the law. If anyone knows of any rights we have it would be greatly appreciated. If we have a case we would love to utilize your services
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.
Good evening. I am Loren, and I look forward to assisting you.
Expert:  Loren replied 8 months ago.
What does the lease say regarding how often CAM is reconciled?
Customer: replied 8 months ago.
Says nothing that we can find we. We agreed to paying $2865 a month and this momth is 3800
Expert:  Loren replied 8 months ago.
Is your monthly CAM payment based upon the prior year's actual expenses and then reconciled?Is id state as just a gross payment without any reconciliation or relation to actual expenses? Do you have a right to demand an accounting?
Customer: replied 8 months ago.
I honestly have no idea
Expert:  Loren replied 8 months ago.
Well, I would need to see the lease to tell if what they are doing is allowed under the lease. Did you have an attorney help you negotiate the lease?
Expert:  Loren replied 8 months ago.
Typically, the operating expenses of the property are passed through to the tenant in a triple net lease. The tenant pays a monthly CAM charge based upon the prior year's actual expenses. After the year ends the CAM is reconciled and the tenant either owes more money or is given a credit of they overpayed. The new monthly estimated CAM payment then goes into effect based upon the last year's reconciliation.
Expert:  Loren replied 8 months ago.
It would be unusual for the tenant's CAM charge to change monthly. They are pass throughs, though and you can demand the landlord allow you to review the actual charges being passed through.
Expert:  Loren replied 8 months ago.
Still with me?

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