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Hi all, I am at the end of a 3 year lease, ending in October.

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Hi all, I am at the...
Hi all,

I am at the end of a 3 year lease, ending in October. I have struggled all along because of the recession. I spoke with my landlord about how hard things were getting last year and he shaved 27% of my monthly rent. My business is now closed, a boutique.
Last year my landlord charged me extra $3k for CAM to cover additional expenses that my $200mo does not cover, stating that I am responsible for 16% of the shopping center. They invoiced me again for 2009 and said 2010 would be the same, more than likely. The lease states that I need to pay them $200 monthly for CAM and if the expenses are lower they will reimburse me. There is no language for a scenario where the CAM would run higher than the $200 a month.
Question - do I have to pay them this extra money? Can I ask for 2008 money I paid to be credited back to the remaining part of my lease? Thanks in advance!
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/28/2010
Real Estate Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Verified
Good morning,

I'm sorry to hear of your dilemma.

Your obligation on the CAM is stated in your lease. Most commercial leases do state that a monthly payment toward your annual obligation will be expected and that you will either be refunded an overpayment or be billed for an underpayment at the end of each year of the lease---or first of the year, depending on when the shopping center computes the annual expenses.

If you are ending your lease, then it would be entirely appropriate for you to ask them to credit any refund from your earlier payment to your end of lease payment

I wish you the best in 2010.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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