What to do if we were not timely notified of a rent increase?

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What to do if we were not timely notified of a rent increase?

We are in a 3 year lease with our business; it is coming close to the end. In the contract it states the rent is supposed to increase each year by 5%. We have been paying the same amount since the beginning. We received a call from someone saying we owe all the back 5% including tax. They never let us know about the increase. They waited 21 months to let us know. Can we do anything?

Asked on March 28, 2013 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The rent increase is built into the lease itself--that is, it was, as per the lease, to increase each year by a set percentage--then you owe the back rent. You are contractually obligated to pay it (the lease is a contract) and the landlord's failure to seek to collect it earlier would not prevent him or her from collecting it now. You may wish to see about negotiating a mutually agreeable payment plan or schedule.


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