Legal Question in Civil Litigation in New Jersey

My commercial lease states: Tenant, as additional rent, shall pay its proportionate share of the real estate taxes on the improvements assessed against the rental premises. Payment shall be to the landlord on a quarterly basis within 15 days of tenant's receipt of the tax bill. For purposes of this Lease, tenant's proportionat share is 16.5% of total tax's.

At the time of lease signing Landlord hand wrote in and signed the 'of total tax's'

There are other units in this complex.

Lease continues with standard CAM language and premiums for insurance however, those paragraphs start with: It's proportionate share.......

I have been paying 100% of improvements assessment tax on my unit and 16.5% of Land assessment taxes for the entire complex since 3/2007. I believe this is incorrect and should be due a refund of 83.% of improvement assessment tax and 100% of Land assessment tax paid based on the exact wording on the lease/contract and not what its suppose to mean. Can you offer some insight?


Asked on 9/13/10, 1:57 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

This sounds like it is worth a careful look. Handwritten addition to the lease? Hmmm.....

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 9/18/10, 2:09 pm


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