lundi 30 avril 2018

Rental Agreements: Landlord Charging Property Taxes to Tenant from Over 4 Years

My question involves landlord-tenant law in the State of: Florida

Hello,

I am a general contractor and we have a commercial lease in a condominium building (mainly residential). We have been here for over 5 years but this latest lease is from 4 years ago. We signed a new lease 4 years ago in a rush, and the lease did say that other taxes are also owed on a "monthly" basis. But it was never verbalized or ever mentioned how much, or when these payments were to be made, it was hidden in the fine print of the lease.

The condo association had major issues with their management and did not charge correct rent from us and all the other commercial units in the buildings. In addition they forgot to charge for property taxes for those years as well.

We have always been in good standing with them and did them several favors in regards to permitting, violations, etc which saved them thousands.

Now there is a new board and they are demanding we pay all that is due. We paid the difference in rent already which was about $50/mo for 4 years. And are willing to negotiate on the property taxes, we are willing to pay 2017. But they want us to pay in full all the way through 2014.

But something about this does not sound right. Honestly If I would have known about the property taxes 2 years ago I would have probably moved. My location is not that great, I do not get great walk in business here and every other day (trash days) it smells like garbage in my office. I put up with this because rent was very reasonable and it is a convenient location.

They negotiated with the 2 main tenants that relies on location first, a mini mart and realestate company that is the only one with frontage to the main road. Meanwhile all other commercial units (except) one in my building are vacant. It is the worst building to have commercial leases.

The board is saying because the minimart and real estate office paid it was not fair to give us a break. But their business relies on location while ours is our services.

So my questions:
What can I do here? I have consulted with an attorney already and he said it is gray but we signed the contract and they can enforce. But if this is true, then wouldn't this be something all landords do? Sign a tenant put some hidden fees in fine print, wait for them to establish themselves and invest in the property for renovations etc and then hit them up for a big bill 5 years later. This sounds very illegal.

Is there a precedent out there of a similar legal case in Florida that I can review?

Thank you for your help, I really appreciate it!


Rental Agreements: Landlord Charging Property Taxes to Tenant from Over 4 Years

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