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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I am renting my business location of $2500 per month, as per

Customer Question

I am renting my business location of $2500 per month, as per lease they will rise my rent by 3.5% of my base rent, in additionally as per my lease I have to pay CAM charges which includes property tax and insurance of building. My land lord charging $578
per month as cam charges, and they increase rent as 3.5 % on (base rent + Cam charges), Also I believe they charges more then actual they paid that I believe, I asked them many time to show me papers of tax and insurance what they paid for building but they
never show me. They charge near $7000 annual as CAM charges, actually as per my calculation they are not paying more then $4000 for property tax and only building insurance, as I already took liability insurance and I am paying $3000 per year.I also pay electric,
water sewage and Trash charges by myself. They only do yard work for very small area of grass. I would like your advice, what land lord (business location) can legally charge as Cam charges at my business location, and Can I ask them legally to show me proof
how much they paying for Tax and insurance, because i think they are charging too much as Cam charges since last 20 month. Also, Is there any way that I tell them that instead of paying Cam charges monthly I can direct pay full amount of Tax and Insurance
charges for the building. (The location is stand alone building, so I have to bear all charges) Also, who is responsible for parking light, because when parking light is out of service they don't like to fix it, right now parking light is not working, I told
them since last two week, but no one came to fix it, they told me that this is last time I am going to fix parking light, from next time you have to fix it, she says I can not afford this kind of expenses.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Barbara Smith, Esq replied 2 years ago.
The lease that you entered into is a binding contract. Because you are a commercial tenant, as opposed to a residential tenant, the law assumes that you are sophisticated in contract matters and does not offer you very much protection. If the lease says that the landlord can charge X amount in CAM charges, then that is the amount you agreed to and there is virtually no way for you to claim it is unreasonable. Moreover, there is no "legal" requirement that the CAM charges match actual expenses for those items. You certainly can attempt to negotiate a change in the lease terms with your landlord. It never hurts to ask if they would be interested in you paying tax and insurance directly, but quite honestly, unless they are having a hard time making the payments themselves, this is probably not an attractive proposition for them.With regard to the parking light, your lease should specify who is responsible for maintenance of specific areas. If the landlord is responsible under the lease, she must continue to fix it.
Expert:  Barbara Smith, Esq replied 2 years ago.
I should clarify that if your lease says only that you have to pay CAM charges, but does not specify the amount, you have every right to know what the actual charges are.