Is a commercial landlord required to notify tenants if his actions could impact the property tax liability of each tenant?
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Is a commercial landlord required to notify tenants if his actions could impact the property tax liability of each tenant?
The owner of a shopping center expands by tearing down a portion and building a new store. The landlord applied for a pilot program and the assessment of the parcel rose substantially. The tenants pay a percentage of the tax due on the parcel, and in all cases the tenants were not notified of the impending increase to the property tax. Is the owner required by law to inform the tenants of the potential increase in each tenants tax liability?
Asked on December 22, 2011 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not the landlord is required to inform his or her tenants of the potential increase in each tenant's tax liability stemming from the improvements to the commercial building that the tenants pay a portion of the taxes for would be set forth in the commercial lease.
As such, you need to carefully read the commercial lease in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If there is no language in the lease concerning the landlord's duty to advise the tenants of increased tax issues due to improvements, then most likely the landlord had no duty to notify the tenants that his or her actions could increase their property tax liability.
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