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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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My landlord did not charge me property taxes on my lease

Customer Question

My landlord did not charge me property taxes on my lease for the past 28 years, although a clause in the lease allows him to do so . He sold the property in October 2014. The new property management company also was not charging me for property taxes for this past year. Without any prior notice they sent me a letter this month requiring me to pay the past years property taxes in a one lump sum. Do I have any legal recourse against this sudden inclusion of paying property taxes when I was not charged for them in the past and was not notified I would be required to do so by the new landlord.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you are under a written lease contract that allows the landlord to charge for property taxes, then it is up to him whether he does or not. If he has chosen not to in the past, then that wouldn't prevent him from doing so in the future or waive his legal rights under the written contract to do so.

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So unfortunately, no, if it is in the lease, it is up to the landlord as to whether they enforce that right or not each year and them not doing so one year wouldn't mean that they couldn't in successive years.

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However, there is a limit under CA law for a breach of contract claim of 4 years. So the most that they could charge you would be for the past four years. And if there is a new owner, then they could only charge from the time that they took over ownership of the property as it would be the old owner who would have the right to demand any older taxes up to 4 years back.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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