Legal Question in Business Law in Illinois

tax increase

My landlord just raised my rent $100.00,due to increase in the realestate tax on the stripmall where my business is.I have a 3yr lease.can he do this?I thought that was the purpose of my lease.


Asked on 1/05/08, 12:49 pm

3 Answers from Attorneys

Re: tax increase

Check your lease, there s probaby an escalation clause regasrding taxes and assessments. If not, then you have a legitimate gripe. However, in my 25 yrs of practive, I have not seern a commercial lease that does not have a tax escalation clause.

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Answered on 1/06/08, 11:58 am
John Steele Steele Law Firm

Re: tax increase

The purpose of your lease is to lay out the legal relationship between you and your landlord. So you need to go to that document and see what it says. My bet is there is a provision directly on point allowing him to raise his rent for just such an event. Why do I know this? Because the landlord probably gave you "the lease" to sign and you signed it. Any smart landlord would put that in there.

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Answered on 1/05/08, 1:30 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: tax increase

Most mall leases are triple net, meaning that any increases in taxes etc are passed on to the renters.

You need to see if this is in your lease. Probably is.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/05/08, 10:23 pm


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