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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I've been renting this commercial building 10 years. The

Customer Question

I've been renting this commercial building for over 10 years. The first owner's contract said after 5 years they cannot go up over $50. The new owner went up $50 when the lease was up and now the lease is up again and they hired a property manager and they want to go up $100. Can they do that?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.

Generally a lease agreement does not create a cap on rent increases in perpetuity.

However, some commercial leases do limit rent increases for very long periods of time. If your lease agreement does limit rent increases to $50.00 every 5 years (and the lease language is clear and unambiguous), then the clause would be enforceable and you the new owner cannot raise your rent by the additional amount.

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