Landlord is billing our business for under estimated CAM fees for our previous lease. This is over 1 year old. Is this legal?
2 Answers from Attorneys
Probably. The statute of limitations for an action on a written contract (including a lease) is four years from the date suit could first have been brought, i.e., the date of breach. These fees are almost certainly calculated in arrears, and while the time interval seems long, I'd say it is well within the time within which you could be sued for them. Any defense would probably have to be based on wording in your previous lease requiring billing by a certain date, and it's doubtful the lease would contain such a provision.
Your landlord underestimated them. You are looking to not pay something you should have paid but for his or her underestimation?
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