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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16622
Experience:  Attorney experienced in Landlord-Tenant Law.
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I own a small martial arts studio here in san ca. I have

Customer Question

i own a small martial arts studio here in san jose ca. I have been in business for over 25 years while the last 20 at same location. Intially I negociated lease with privite owner who has since passed away. the strip mall was then sold to a property management company. nataurally we were prepared for a rent increase based on new property taxes so on a so fourth no issue here. However afetr 21 months it was determined the taxes were not assesed correctly. So we just got notice in the mail telling us our share of the taxes comes to $8,000.00. which they are demanding paymnet in 60 days as stated we run a small mom and pop business which has limited income to spare. Now my question is this leagl I dont have the income to pay this it would almost bankrupt us. Not to mention this is a renewl year
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Do you have a written commercial lease agreement that states that the tenant is liable for the pro-rated share of the real estate taxes?
Did you try to negotiate a resolution with the landlord?
Customer: replied 1 year ago.
as stated the intial leae was negociated with privite owner. I renewed just before he passed. He did everything. We will look over the lease to find pro-rated statments. zBot***** *****ne he owned the property for years and negocited everything. He actually paid the taxs because he had property so long taxes were minimul. So I am not sure there would be a statment of this sort. When proprty was sold we did sign a doc stating the manamgnet company would support our standing lease. Bot***** *****ne is this legal especilly this much money in 60 days
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.
Did prior lease state that tenant is to pay any type of pro-rated real estate taxes to the landlord?
Do I understand correctly that prior lease was assigned / transferred to the new owners?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Alex J. Esq. replied 1 year ago.

I am only able to communicate with customer through this website.

Please let me know if you would like to proceed?

Customer: replied 1 year ago.
q 1 no ( not known yet have to review lease)
q 2 yes it was suported by new ownership group
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Unfortunately, if the lease states that the commercial tenant is liable for pro-rated real estate taxes and the taxes are pro-rated correctly and the landlord is demanding the correct amount of taxes that commercial tenant owes, it would be legal for the landlord to make such demand and 60 days is actually a very generous time period within which the owed tax amount has to be paid, since even 10-30 days would be considered reasonable under the law.

So, generally, it is good idea to review the lease and then also to request a detailed explanation as to how tax amount was calculated and if the amount is correct, then it might be possible to attempt negotiate some type of payment plan with the landlord and hopefully the landlord would be willing to work with you.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 1 year ago.
what can the landlore do if not paid
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.
If the tenant is obligated to pay pro-rated amount of taxes and commercial tenant fails to make such tax payment according to the lease term, then landlord can declare tenant to be in breach of lease and proceed with an eviction and also sue the company or individual owners (if the company is not LLC or CORP or owners signed personal guarantee) for any damages related to the breach of the lease, unpaid taxes, attorney fees, etc...
I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.
Expert:  Alex J. Esq. replied 1 year ago.

Do you have any related follow up questions for me? If not please positively rate my answer, so I can receive credit for my work.

Thank you.

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