Legal Question in Real Estate Law in California

business rental issue

on a business property, i pay say

$5000 rent. now our lease states the

rent at $5000 with $200 increases

annually. However, our leasing

company has been accepting checks

for $5000 for 2 years now without

the increases. the building was just

sold and the new owner wants us to

pay the $5400 that would have been

due had the rent been increasing

annually. Because in this lease-year

they have accepted (they meaning

the previous company/owners) rent

checks for $5000, does that serve as

an agreement for this cycle(lease

year) to only pay that amount and

not the $5400 the new owner is

asking for? (just to be clear, our lease

obviously transferred to the new

owner as is for now)

1 Answer from Attorneys

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