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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19677
Experience:  B.A.; M.B.A.; J.D.
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Subtenant was billed for 18 months of electric charges

Customer Question

Subtenant was billed for 18 months of electric charges amounting to $200,000 (sublandlord just received all invoices from landlord). The subtenant refuses to pay because they said they were not billed timely because the sublease states that they will be billed monthly. There are no penalties or exclusions for payment prescribed in the sublease. We are in florida.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

Customer: replied 5 months ago.
Does the subtenant have grounds to refuse to pay simply due to the sublease language that states that they will be billed monthly?
Expert:  Phillips Esq. replied 5 months ago.

Thank you for the information:

Does the subtenant have grounds to refuse to pay simply due to the sublease language that states that they will be billed monthly?

Response: Yes, eventhough the lease has no penalties or exclusions for payment prescribed in the sublease, the subtenant can refuse to pay if the bills are not sent monthly as stated in the contract. It would be quite unfair for the Tenant to wait a whole 18 months to send a lump sum bill to the subtenant totaling $200,000.00 and expecting the subtenant to pay that amount. The sending of the lump sum bill violates the terms of the contract. So, the Tenant's initial breach of failing to send the bills monthly released the Tenant from the obligation to pay the bills.

I am sorry that I do not have better news for you.