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Second opinion] My office lease agreement states I'm renting…

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Second opinion] My office...

Second opinion] My office lease agreement states I'm renting 909 sqft of space. However when i measured the space it is only 585 sqft. The land lord says that's because i'm paying for 324 sqft of common areas. I don't see how that could be possible as my lease is broken out as office space and CAMs. Is this legal? To charge me for 909 sqft but only give me 585 sqft?

Lawyer's Assistant: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?

Written lease,l 3 years long. My lease is coming to an end and I just realized I've been paying for 909 sqft but only getting 585

Lawyer's Assistant: Where is the property located?

Golden Valley MN

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, the Land Lord stated that the 909 sqft was rentable, not necessarily usable. That is not in the contract.

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 2 hours by:
8/2/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,823
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, it is not legal, it is a breach of lease to tell someone they are renting 909 sq. ft. and they only have use of 585 sq. ft. If the contract just said 900 sq. ft. and did not specify the distinction with the common area and actually usable space it is misrepresentation and potentially an unfair and deceptive business practice. It would give you the right to sue the landlord for reimbursement of the difference in rent for the lesser square footage based on their misrepresentation and if the landlord refuses and sticks to his argument, you would need to sue him for the reimbursement of difference, since you were not able to use the 324 square feet.
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