New Jersey | Real Estate Law
Legal Question
commercial real estate tax
landlord has been intentionally overcharging taxes for 2 years on a leased building. Are there both civil and criminal issues here
Legal Answer
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Read More Answered By: John Corbett |
Re: commercial real estate tax If the lease provides for pro-rata passthrough of the taxes to the tenants and the landlord has been overstating the amount of the taxes, there is certainly a breach of the lease. At a minimum, tenants should be entitled to a rebate. A tenant who wants out of the lease might also be able to use the overcharge to show a breach of the agreement by the landlord.
If the overcharges were intentional, there is also the possibility of criminal charges for theft by deception.
See also: http://info.corbettlaw.net/lawguru.htm
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