Legal Question in Real Estate Law in Illinois

claimed rental charges in 2006

I am the next Ex.Dir at the company. Landlord wants to charge as of today, rent late fees that date back to 2006. 7/9/08 is the first time it was brought up, even though I have delivered a check of $1201 every month,since march 2008; withno complaint or dialogue. I was told yesterday that the 'real' rent is $1248.Help!!!don't understand.


Asked on 7/10/08, 10:09 am

2 Answers from Attorneys
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: claimed rental charges in 2006

To determine what the correct rent is and whether or not the landlord can charge you for late fees and rent shortages dating back two years, you should review your lease carefully.

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Answered on 7/10/08, 11:17 am
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: claimed rental charges in 2006

I'm not sure what you mean by being the "next Ex. Dir." at the company. But anyway, here goes.

First of all, as the other attorney said, you should review your lease regarding rent amounts and/or late fees. It's possible there was an escalator clause in your Lease and you and the landlord both figured the amount wrong. Or is it a commercial "triple net" Lease? In that case, maybe the amount increased after taxes were calculated or something.

But barring anything in the lease about it, you would have a good claim if the landlord were to try to take you to court. Your defense may be, for example, that you "detrimentally relied" on his actions and shouldn't have to pay the additional amount.

In any case, more information is needed (mainly, a copy of the Lease) before I can make an educated guess as to how this would turn out.

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Answered on 7/10/08, 11:35 am


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