Florida Attorneys Protecting Commercial Landlord Interests in Lease Audit Disputes
Recent stresses in the South Florida economy in general, and in commercial real estate markets in particular, mean that both owners and tenants have a heightened interest in protecting their respective interests in commercial leasing. Many business tenants will consider undertaking a detailed lease audit to find evidence of overcharges or other grounds for recovering past payments or renegotiating lease terms that can appear onerous in a period of declining profits.
If you own commercial real estate in South Florida and have received notice of a tenant's lease audit, you can depend on the real estate litigation attorneys of Grumer & Macaluso, P.A., for solid advice and outstanding client service in resisting a tenant's action for rent refunds, termination or other relief. Contact us in Fort Lauderdale for additional information.
As experienced trial lawyers, we know how to evaluate the lease audit evidence that appears to support the tenant's claims. We start with the terms of the lease itself and the documented history of the landlord-tenant relationship. You might have a waiver or estoppel letter that essentially acknowledges that the rents and charges collected through a specific date have been reviewed and approved by the tenant, and that there are no grounds for action by the tenant as of that date.
Issues typically identified in a tenant's lease audit include:
- Miscalculation of square footage
- Overpayment of property tax
- Overcharge for common area maintenance (CAM) expenses
- Inaccurate calculation of the tenant's share of insurance premiums, utility bills and other expenses billed through the landlord
Tenants can also be expected to seek relief for losses alleged to result from the violation of non monetary covenants, such as the departure of an anchor tenant from a shopping mall or commercial development.
South Florida Lease Audit Litigation Attorneys: Call 888-587-5549
The trial lawyers of Grumer & Macaluso can identify defenses, pursue negotiations or develop counterclaims to protect the owner's interest whenever a business tenant challenges the terms or landlord's performance under a commercial lease. Contact us to find out more about our approach to landlord-tenant disputes related to lease audits.
