Is it legal for a retail property owner to require a tenant to pay its fair share of all taxes and governmental fees, plus 15%?

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Is it legal for a retail property owner to require a tenant to pay its fair share of all taxes and governmental fees, plus 15%?

It’s a retail mall.

Asked on September 23, 2013 under Real Estate Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No it is not legal per se. Your lease is what you agree to pay and that lease amount should equate to what the mall owner has agreed to be your part of the square footage used and that sometimes includes calculations for taxes and fees. Talk to your state attorney general about these issues and see if this is something they can help you with.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No it is not legal per se. Your lease is what you agree to pay and that lease amount should equate to what the mall owner has agreed to be your part of the square footage used and that sometimes includes calculations for taxes and fees. Talk to your state attorney general about these issues and see if this is something they can help you with.


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