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  1. #1
    Join Date
    Apr 2018
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    2

    Default Landlord is Charging Property Taxes to Tenant from Over Four Years Ago

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

    Hello,

    I am a general contractor and we have a commercial lease in a condominium building (mainly residential). We have been here for over 5 years but this latest lease is from 4 years ago. We signed a new lease 4 years ago in a rush, and the lease did say that other taxes are also owed on a "monthly" basis. But it was never verbalized or ever mentioned how much, or when these payments were to be made, it was hidden in the fine print of the lease.

    The condo association had major issues with their management and did not charge correct rent from us and all the other commercial units in the buildings. In addition they forgot to charge for property taxes for those years as well.

    We have always been in good standing with them and did them several favors in regards to permitting, violations, etc which saved them thousands.

    Now there is a new board and they are demanding we pay all that is due. We paid the difference in rent already which was about $50/mo for 4 years. And are willing to negotiate on the property taxes, we are willing to pay 2017. But they want us to pay in full all the way through 2014.

    But something about this does not sound right. Honestly If I would have known about the property taxes 2 years ago I would have probably moved. My location is not that great, I do not get great walk in business here and every other day (trash days) it smells like garbage in my office. I put up with this because rent was very reasonable and it is a convenient location.

    They negotiated with the 2 main tenants that relies on location first, a mini mart and realestate company that is the only one with frontage to the main road. Meanwhile all other commercial units (except) one in my building are vacant. It is the worst building to have commercial leases.

    The board is saying because the minimart and real estate office paid it was not fair to give us a break. But their business relies on location while ours is our services.

    So my questions:
    What can I do here? I have consulted with an attorney already and he said it is gray but we signed the contract and they can enforce. But if this is true, then wouldn't this be something all landords do? Sign a tenant put some hidden fees in fine print, wait for them to establish themselves and invest in the property for renovations etc and then hit them up for a big bill 5 years later. This sounds very illegal.

    Is there a precedent out there of a similar legal case in Florida that I can review?

    Thank you for your help, I really appreciate it!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Landlord is Charging Property Taxes to Tenant from Over Four Years Ago

    With a written contract, the statute of limitations is five years. Thus, as long as the landlord acts to collect rent owed under the lease within the five year period, the action is not time-barred.

    If the landlord was not assessing taxes against the tenants until four years ago, and never actually collected taxes, and that is true of all tenants, then the tenants may be able to argue that the tax provision was either waived or was included by mistake; although if it's clear in the lease it will be difficult to prove mistake. If all tenants are aggrieved, then it may be possible to work out a collective resolution.

    Your lawyer's position is understandable, because the law is not favorable to a business that claims that it did not understand or notice the plain language terms of a contract. It's your obligation to read a lease before you sign it and, unlike a residential tenant, as a commercial tenant you are deemed to be legally sophisticated when you engage in contract negotiations.

  3. #3
    Join Date
    Apr 2018
    Posts
    2

    Default Re: Landlord is Charging Property Taxes to Tenant from Over Four Years Ago

    Thank you for your response. I understand what you are saying. What I don't understand if they are able to do this legally, then what is holding back landlords from doing this on a daily? They can use the same type of lease, allow a tenant to stay without charging property taxes a few years to get a reputation in the area, invest in improving their space etc and then hitting them with a bill of 4 years past due property taxes. I would say this is behavior would not fly.

    Honestly it is not worth the effort to fight it all the other tenants are obliging without any fight. They have more to lose than I do.

    I was wondering if there was any case like this previously that I can refer to?

    Thanks again!

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord is Charging Property Taxes to Tenant from Over Four Years Ago

    Quote Quoting soflojo
    View Post
    Thank you for your response. I understand what you are saying. What I don't understand if they are able to do this legally, then what is holding back landlords from doing this on a daily? They can use the same type of lease, allow a tenant to stay without charging property taxes a few years to get a reputation in the area, invest in improving their space etc and then hitting them with a bill of 4 years past due property taxes. I would say this is behavior would not fly.

    Honestly it is not worth the effort to fight it all the other tenants are obliging without any fight. They have more to lose than I do.

    I was wondering if there was any case like this previously that I can refer to?

    Thanks again!
    If the landlord fails to inform you of the amount owed, rather than believing you are the beneficiary of a windfall and ignore that you do owe the taxes, you could have called the landlord and said; hey, what do I owe for the property taxes? I’m assuming you failed to make that call.

    Unless there is a law preventing a landlord from making the tenant liable for property taxes then yes, all landlords could pass on the taxes directly to the tenant. The tenant pays the taxes in essence (at least if the landlord is smart enough to charge enough rent to cover all of the costs of the building). I see nothing inherently improper about passing the expense directly to the tenant.

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