Legal Question in Real Estate Law in New York
retroactive utility charges
i have a commercial lease. landlord is charging for
common utility charges for the building from 5, 4, 3, 2,
and 1 year ago. lease states tennant is supposed to
pay part of these charges, but landlord is supposed to
provide tennant with base year cost and comparison
year cost and statement, then tennant shall pay on 1st
day of each month amount due. my landlord never
gave any of this info until four months ago and now
wants me to pay these charges from the beginning of
the lease, 5 years ago. can they bill retroactivly like
this?
1 Answer from Attorneys
Re: retroactive utility charges
Read your lease. I would argue that the landlord waived his past increases. At worst you can argue that the money due must be paid out monthly. In the alternative negotiate a reduced amount
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