Legal Question in Landlord & Tenant Law in Virginia
hi i have a tenant that is using much more utilities than they thought they would be using it states in the lease.."In the event any occupant of any retail space of the building consumes excessive amounts of gas, electric and water, Landlord agrees that Tenant's Pro Rata Share will be equitably adjusted. Tenant has agreed to pay 30% for electric and water and 20% for gas". This is what was agreed upon at the signing of lease but like i said the utilities have more than doubled and i feel it is not fair to the first floor tenant and i have approached the tenant and they refuse to pay more utilities so i want to make sure do i have the right to raise the utilities.thanks
1 Answer from Attorneys
Should be no problem if it's allowed for as you've described under the lease in
terms of a tenant's pro-rata share of the utilities being "equitably adjusted".
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