Commercial lease charging sidewalk as part of lease

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Commercial lease charging sidewalk as part of lease

In Houston, Texas, we have a lease that states the total rentable area is 1625
SF. Our office is not that size. The landlord says we are paying for the area
between our windows and the parking lot. Is this legal for them to do?

Asked on July 14, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal if you agreed to pay that rent: there are very few protections for commercial tenants, and they are held to their agreements. If you viewed the space before renting it, and signed the lease for the given amount after seeing it, a court would generally ignore the written sq footage in favor of the evidence of your senses and hold that you agreed to rent the space for the rent in question and hold you to it.


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