Real Estate Law
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Under well established Florida appellate case law, contracts are interpreted by courts so as to effect the intent of the parties. Where an ambiguity exists, the court may use extrinsic evidence submitted by the parties to prove the parties' contractual intent.
The fact that the status quo has existed for nine years, strongly suggests that either the landlord has consistently interpreted the contract based upon the manner in which you have been previously charged. Alternatively, even if a fair reading of the contract unequivocally favors the landlord's position, you can argue that the landlord should be "estopped" (prevented) from assessing any charges which would have a retroactive effect (i.e., an effect which attempts to recover for previous "billing errors" -- because you have relied to your detriment on the previous charges, by operating your business in accordance with what appeared to you to be the landlord's reasonable charges and interpretation of the contract. Thus, it would be inequitable for the landlord to attempt to retroactively collect for its erroneous billing -- even if it may have originally had the right to additional charges.
In short, you have a pretty strong case.
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