Time Waits for no Landlord

Under a typical net commercial lease, a landlord charges its tenant certain sums of additional rent based on estimates of the actual amounts, with the provisional payments being reconciled after a fiscal period ends and the actual amounts are verified.  Some tenants get annoyed by landlords who seem to “never” get around to reconciling.  Some landlords are vexed by delays they experience in settling, for example, an anchor tenant’s contribution before being able to finalize the amount the non-anchor tenants will be charged, or in finalizing a realty tax appeal or other financial exercise that inherently delays year-end adjustments.

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The information contained in this article is provided for general informational purposes only and does not constitute legal advice. No recipient of this content should act, or refrain from acting, based on any information included without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

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