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  1. #1

    Default Lease Clause Charging to Tenant any Increase in Common Charges and Real Estate Taxes

    My question involves landlord-tenant law in the State of: New York

    There is a clause in the lease signed by the tenant and myself (the landlord) that says:

    A. "Tenant shall pay to Landlord, as added-rent, all increases in Common Charges, Common Expenses and Association dues related to the Unit, which exceed those charges, expenses or dues payable on the date of this Lease."

    B. "Tenant shall pay to Landlord, as added rent, any increase in the Real Estate Taxes (including all equivalent, and/or use and/or supplemental taxes and taxes assessed against the Unit as a substitute for Real Estate Taxes) above the Real Estate Taxes assessed or imposed against the Unit (Including but not limited to increases in assessed value or tax rate) for the fiscal tax year in effect on the commencement date of the Term of this Lease"

    The tenant has become a problem tenant and is refusing to leave even though the lease has ended. I am in the process of evicting him and want to apply this clause.

    Leases we signed have been:

    July 1 2012 - June 30 2013;

    July 1 2013 - June 30 2014;

    July 1 2014 - June 30 2015;

    Sadly, NYC's Property Tax (Fiscal) Year is July 1 to June 30 and taxes must be paid quarterly. Does this mean I can't hold him responsible for any tax increases? Taxes have gone up a lot each year.

    One last question, in 2013, I had to pay a "financial-abatement reversal charge" for tax payments paid in 2012 because I retroactively lost an abatement. Can I at least him hold him responsible for that?

    Thanks

  2. #2
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    Default Re: Lease Clause Charging to Tenant any Increase in Common Charges and Real Estate Ta

    You can sue for whatever amount you can reasonably claim to be due, but if you have chosen to never before attempt to bill for those costs, even if they are allowed under the lease, the tenant may be able to argue that they are waived. I suggest having your lawyer review the lease, and the full facts of the case.

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