Legal Question in Business Law in Maryland

Underpayment of rent

Two years ago, when the new owners of the shopping complex reviwed their books, they found that the previous owner undercharged my rent for the past five years. At that time, they asked for the back payments for the past years in incriments which I initially agreed to. However, it seems to me that the mistake was made by the previous owner, not me.

I paid my rent on time, and paid according to the statements which I received from their company. I would like to know if I am liable for the previous owners mistake, and would I need to continue with the back payments.


Asked on 1/10/99, 4:42 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Underpayment of rent

You pose a most interesting question, but one which is difficult to answer based on the information you provided. How did the underbilling come about? Was it a genuine mistake by the old landlord, or did he consciously decide not to adjust your rent for business reasons? If the latter, you probably didn't owe any additional rent to the new landlord. Unfortunately, your agreement to make up the unpaid rent starting 2 years ago supersedes this, and I think you have waived any defenses your might have had to paying the rent at that time. On the plus side, the new landlord isn't requiring you to pay all the unpaid rent at once, and you did have the use of that money for a substantial period of time.

Robert Sher

Wagshal and Sher

5530 Wisconsin Ave-Suite 1200


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Answered on 1/26/99, 5:05 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Underpayment of rent

I regret I cannot reply to your question because it requires the application of the law of a jurisdiction in which I am not admitted to practice. However, the reply from Mr. Sher seems appropriate.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave


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Answered on 1/26/99, 7:50 pm


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