Legal Question in Real Estate Law in Florida

payment of non billed rent

My commercial(retail) lease incurred a rent increase in november.The landlord failed to include this in my monthly rent.Ten months later i received a letter explaining the oversight accompanied by a bill for the entire ten month difference. What is my legal obligation in paying this.If I must pay it what time frame am I required to pay it in.(slow season now-no dinero).


Asked on 10/26/99, 2:45 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Late billing of rental increase

Facts: Commercial lease incurred a rent increase. Landlord failed to include in monthly rent. Ten months later received bill for the entire ten months.

Q. What is my legal obligation in paying this? If I must pay it, what time frame am I required to pay it in?

A. You are liable for the rent increase unless you acted in reliance on some express statement by the landlord that it was not due and changed your position as the result of the landlords statement. As to the timeframe to pay, contact the landlord. The oversite was not your fault and the landlord should recognize this and work out an arrangement with you.

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Answered on 10/31/99, 11:51 am


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