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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I'VE BEEN RENTING A COMMERCIAL PROPERTY FOR PROFIT SMALL

Customer Question

I'VE BEEN RENTING A COMMERCIAL PROPERTY FOR PROFIT SMALL BUSINESS SINCE 1994.
ON THE SAME PROPERTY IS MY LANDLORD AND HIS FOR PROFIT SMALL BUSINESS. HAVE JUST COME TO FIND OUT THAT I HAVE BEEN PAYING THE WATER UTILITIES FOR BOTH UNITS WITHOUT MY KNOWLEDGE. AM IN A TWO YEAR LEASE AGREEMENT AND HAVE BEEN SATISFIED WITH RELATIONSHIP BETWEEN HIM AND MYSELF. WHAT ARE MY RIGHTS IN TEXAS ON RECOVERY OF LOSS DUE TO THIS.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 month ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Does your lease agreement state that you will pay for his area's utilities or just yours?

2. Do you have any way to determine the usage that you will want to charge the landlord with?

Doug

Customer: replied 1 month ago.
MY LEASE STATES I AM RESPONSIBLE FOR MY PREMISE UTILITIES- WATER,GARBAGE,TELEPHONE AND ELECTRICITY. IT SPECIFIES MY ADDRESS AS SUITE B.ON LEASE HIS BUSINESS IS LISTED AS SUITS A. I FEEL I PROBABLY USED MORE WATER THAN HIM MAYBE 60-40.
Expert:  LawTalk replied 1 month ago.

Good afternoon David,

You can make a claim against the landlord demanding that he pay his share of the utilities going back for the past 4 years. Anything before that you won't be able to collect because of the statute of limitation on contract law in Texas being 4 years.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 month ago.

Hi David,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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