Legal Question in Real Estate Law in New Jersey

Re: commercial real estate tax

If the lease provides for pro-rata passthrough of the taxes to the tenants and the landlord has been overstating the amount of the taxes, there is certainly a breach of the lease. At a minimum, tenants should be entitled to a rebate. A tenant who wants out of the lease might also be able to use the overcharge to show a breach of the agreement by the landlord.

If the overcharges were intentional, there is also the possibility of criminal charges for theft by deception.

See also: http://info.corbettlaw.net/lawguru.htm