Legal Question in Business Law in California

Landlord is billing our business for under estimated CAM fees for our previous lease. This is over 1 year old. Is this legal?

Asked on 7/09/13, 9:16 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 7/09/13, 10:03 am

Anthony Roach Law Office of Anthony A. Roach

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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Answered on 7/09/13, 11:02 pm

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