Lease increase

Get Legal Help Today

 Secured with SHA-256 Encryption

Lease increase

We are an auto repair shop with a subtenant. Per the lease we were supposed to
increase his rent every year but no one ever did. Now the owner wants me to bill
him for increases going back to 2013. I don’t think it is legal. Can you please
advise?

Asked on November 7, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A commercial tenancy may be increased ANY amount in a year: there are no protections (other than any which may be contained in a lease; since leases are contracts, any limitations or restrictions in them are enforceable) for commerical tenants. So you can increase the subtenant's rent when the current lease expires as much as you want or need to...and your own rent can be increased, on your lease expiration, as much as the property owner wants.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption