How cana commercial tenant get back CAM fees that it overpaid?

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How cana commercial tenant get back CAM fees that it overpaid?

I own a business and overpaid CAM fees 2 years. I am still waiting for 2010 reconciliation and refund. My landlord keeps saying that he is working on it. How can I trust that I am not overpaying? How can I get my lease adjusted so that I don’t keep overpaying each year and have to wait for a refund when convenient for them?

Asked on March 21, 2011 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) In terms of adjusting your lease, you can do that by an addendum to the lease signed by you and the landlord. If the landlord won't do this, IF the adjustment is to correct an obvious error--and you can prove it was an error--you could bring a legal action for reformation of the lease under the doctrine of mistake. If instead, though, it's just that you agreed to pay more than, in retrospect, you should have, that can't be adjusted through a court action--only by mutual agreement.

2) If the landlord doesn't repay money that he owes you, your recourse is to bring a legal action--a lawsuit--for the money; there is no other way to make someone repay funds that he owes you.


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