If the amount of space that I actually have differs from what my lease states, can I ask my landlord to adjust this?

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If the amount of space that I actually have differs from what my lease states, can I ask my landlord to adjust this?

Last year I signed a contract for my gym. My lease states rent is based on approximately 3000 sq ft. An architectural firm just confirmed my actual square footage is 2800 sq ft. This means I pay over $3000 a year for space I don’t have the opportunity to make money in.

Asked on June 26, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is unlikely that you can get this adjustment if you (or an employee or agent of yours) viewed the space prior to leasing it: in that event, a court would likely conclude that having seen the space and then leased it, you leased it based on the space as it actually was and was actually inspected by you--and not based on the square foot measurements. When you actually see what you lease before entering into the lease, courts are very reluctant to modify, change, or overturn the lease.


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