Legal Question in Real Estate Law in Massachusetts
Over charge CAM to tenants
I am a tenant in a plaza with 7 other retail shops a new landlord took over the property 2 years ago. This landlord is also a contractor, maintence, etc. He hires himself for every CAM item that there is at very inflated prices and also charges a fee for hiring himself to do the work. This is so out of control that we now pay him $46.00hr to walk around and pick up trash in the parking lot. + 5% fee for hiring himself. Are leases are very vague in this area my lease only states that it cannot go up by more than 10% a year. the budget this year will exceed 100,000.00 and we have researched similar plazas this figure should be cut in half. There should be no problem proving the prices charged are inflated. But, what do we do to fight this. When it was broght up to him he stated that if we made problems for him he would make the budget even higher. any advice you could give us would be helpful i feel this is a classic david and golith.
Thank you in advance for your advice.
3 Answers from Attorneys
Re: Over charge CAM to tenants
Sounds like you have a 'case' against him.
I suggest you talk to some other tenants (if not all of them),
send me a list of their lease expiration dates, their rents if you feel comfortable asking (base rent
plus average other rents last year), their willingness or interest in doing something about this, and
then fax me a list (without names) and give me a call to discuss it further.
Please fax me also your entire lease, any supporting documentation the landlord
gave you for the budget he last made up, when and who witnessed him his threat to
increase the budget, who else he may have made that comment to, and whatever other
details you have to support your claims.
Can you prove that when he was walking around picking up trash that those hours were
being charged to you at $46 / hour, or is it possible that they were just idle time
being 'donated' gratis? What documentation does he show for the hours he charges?
If for some reason I can't help you myself, I may be able to find someone else to.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA 02459-2509
Tel. (617) 527-0050 (and I have a toll-free # ),
fax (617) 527-1763.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Re: Over charge CAM to tenants
As attorney Williams commented, much of the answer depends on what your lease and other agreements say that you agreed to. These documents define the obligations that each of you have to one another. If the landlord is doing something that is forbidden in the agreements, or if he is doing something that is unfair or deceptive, then you may be able to get him to stop. You will need an attorney to get relief. If you are in Southeastern Mass, give me a call to discuss at (508) 822-7777, If you are in central Mass, give Atty Williams a call.
Thomas Workman
Law Offices of Thomas Workman
41 Harrison Street, Taunton, MA
Re: Over charge CAM to tenants
Assuming that you have a written contract, the contract must be reviewed to determine what the
landlord can do. A lawyer should be used to understand express terms of the contract and the implied
terms. It sounds like you will need to go to court to get the landlord to comply with the contract if his
actions are not permitted.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
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