Legal Question in Landlord & Tenant Law in California
Commercial rent increases
My small, specialty medical practice has been in the same building for over 10 yrs in the city of Los Angeles. In 2004 I moved to a new office suite in the bldg. The lease does allow for an annual rent increase tied to the CPI, but not until today did I receive notice of a rent increase. In addition, the landlord is asking for back rent from 2005 onward totaling $7,100, because annual rent increases were not requested since occupancy. Do I really owe this sum? Is the landlord entitled to this back rent, even though he did not request it until today? Is there a statute of limitations that specifies how far back to go with back rent due?
2 Answers from Attorneys
Re: Commercial rent increases
I would have to see the contract, but that sounds quite odd that it would allow for backdated rent increases. If you are asking for how long the statute of limitations is, for breach of a written contract, it is 4 years and for oral contracts it is 2 years. You can contact me if you have further questions.
Re: Commercial rent increases
I agree with Mr. Magwood.
However, I strongly doubt that a court would permit backdating request for more rent.
However, you still may have to go to court.
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