Legal Question in Business Law in New Jersey

misrepresentation of common tax area

my landlord is charging me a percentage of the tax bill for my store but it includes a private and city parking lot. can I recoup the common area tax charge I have paid him? The parking lot is 40% of the property.


Asked on 7/02/07, 12:16 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: misrepresentation of common tax area

If the lease has a tax escallation clause (making you resonsible for tax increases), you are responsible for your pro-rata share of any increase. This includes, usually, not only your percentage of actual rental space, but also your pro-rata share of common areas. Your question may be the definition of "common area" and whether or not it includes the parking lots. It may be that since one lot is a municipal lot and one is private, that they may be considered separate rental areas, not common areas, which, if so, are not your responsibility for increased taxes.

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Answered on 7/03/07, 10:45 am


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