Can my commercial landlord raise my opex charge 300 ?
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Can my commercial landlord raise my opex charge 300 ?
I have a solo counseling practice. Small office in a large complex. My building
was sold in 2018. I just receive notice that my OPEX charge is going from 11.00
per month to 46.00 per month. Do I have any recourse?
Asked on December 17, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
What does your lease say: the lease is a contract, and binds not just your original landlord but whomever buys the buidling from them. (The seller can only sell what he/she/it owns--and that is a building where there is a tenant [you] with certain rights; they cannot give the buyer greater rights than they themselves had, which means they cannot exempt the buyer from the lease.) If the lease allows this increase, they can get it; if it does not, the new owner cannot force you to pay it. They can do--and get from you--only what the lease says.
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