I received new terms for the renewal of my lease for my apartment. There is a paragraph titled, " Increase in Common Charges and Real Estate Taxes." It states:A. Tenant shall pay to Landlord, as added rent, all increases in Common Charges, Common Expenses and Association dues related to the Unit, which exceed those charges, expenses or dues payable on the date of this Lease.B. Tenant shall pay to Landlord, as added rent, any increase in the Real Estate Taxes (including all equivalent, and/or use and/or supplemental taxes and taxes assessed against the Unit as a substitute for Real Estate Taxes) above the Real Estate Taxes assessed or imposed against the Unit (including but not limited to increases in assessed value or tax rate) for the fiscal tax year in effect on the commencement date of the Term of this Lease.My question is whether this is common and if I can reasonably ask for this to stricken from the terms of my lease such that there are no caveats other than gross negligence that would add to my rent.Thank you
Country relating to Question: United StatesState (if USA): New YorkWhat have you tried so far?: Talked to neighbors with similar terms and how they negotiated removing it from their lease.
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Good morning. This is common only with commercial leases...which are typically triple net leases with the expenses passed through to the commercial tenant. This type provision is rarely in a residential lease. If it were me, I would not accept this provision in residential lease because I would want certainty as to my rent.
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I see. Thanks so much for your answer.
There is another provision in these terms that struck me as odd where I would be giving up my right to Trial by jury in any action or proceeding brought by either against the landlord or the tenant. This seems serious. Is this also common?
I would not accept this provision either. These leases are already biased in favor of the landlord and you do not want to give up your right to your day in court should you have a legitimate cause of action.
Good to know. The more I look at this I wonder if should have a review of the whole lease. Is this something that you may be able to do?
I would suggest you have the lease reviewed in full....unfortunately, I'm not allowed under my terms of service with JA to do that for you. I'm sorry!
Thats too bad! Would you be able to offer a recommendation ? Thanks.
I'm also not allowed to make a specific recommendation. But, what I would suggest is that you contact your nearest law school and ask them for a recommendation of one of their graduates practicing in the real estate and landlord tenant arena.
Texas lawyer for 32 years; Also RE developer
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