Im a tenant of a commercial lease. My Landlord representative send me an email that i have almost $10,000 balance owing

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Customer: Hi! Im a tenant of a commercial lease. My Landlord representative send me an email that i have almost $10,000 balance owing to them, because there operation cost and tax went up since March 2019 to present. So now they want me to pay my owing balance from March 2019 to September 2020 amounting almost $10,000. Is that legal that they will increase my rent and operation cost on previous month almost 2 years behind and they will surprise me that i own them almost $10,000? Thank you, Jave
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: okotoks alberta canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Im not sure about the terms
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We just bought the business July 2019 and we continue the lease contract from the previous business owner. Now our landlord representative saying that we have balance of $10,000 from March 2019 to September. But we just bought the business July 2019.
Answered by Debra in 16 mins 2 years ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Thank you very much
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Debra, Expert

I'm sorry to hear of this difficult situation.

What is your agreement in terms of when they need to advise you about the increase in operation cost?

What is your explanation as to why they did why they did not provide this information until such a late date?

Customer
about the increase of operation cost was not mention to our lease assignment but im not %100 sure. Because we just take over the lease contract of the first owner of this business.
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Debra, Expert

Do you think you could get that lease out and perhaps look it over and I could ask you a few more questions as well?

If that's too hard I might want to suggest that you consult with a lawyer in your city and I can suggest how you do that. But I can't answer in a vacuum because I don't want to take a chance of giving you the wrong information.

Customer
i will send to you my lease assignment if thats ok with you? then you tell me if i should talk to our local city lawyer. Thank you very much
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Debra, Expert

Sure.

Customer
File attached (TVZ2G1T)
Customer
This is the landlord explanation to me, why theyre charging me.
Hello,We have completed the March 2019 - June 2020 (15 month) Operating Costs & Property Tax Reconciliation for your leased premises at***** Okotoks.Please note; This reflects the difference between the actual costs incurred at the property vs. what the tenants paid, which was based on the former property Owners rates.We did not have a Budget from the former Owner and they did not breakout the tenant rates, therefore, we are uncertain what they were charging for property taxes and cannot comment if expense items were over or under Budget.We did not complete any no major projects, and we kept the same contractors on the site as previous years.Tenants owe for the difference in what they paid vs. what the actual expenses came back at, this is why we also had to increase the new Budget that was effective July 1, 2020, and why your rates have increased this year.We are hopeful that next year we will be a lot closer to budget and tenants will not owe compared to this year.You have a balance owing of $7,493.22, the Invoice and the Expense Summary are attached for your files.
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Debra, Expert

Thanks for that document and for the explanation. The problem is that I don't actually have a lease and it will be the least that would explain when they had to do the reconciliation and how it's worked out.

In my experience in most cases this is done every three months and not at 15 months. The 15 months is going to cause you undue hardship. For this reason it may make sense for you to ask the landlord for a copy of the lease and take the lease into a local lawyer for a brief consultation.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Customer
Thank you very much for this advice. i will try to get the copy of original lease from the previous owner of this business. Thank you very much again. Hopefully i can ask more question to you when i get the lease contract soon. Thank you again, you help me a lot.
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Debra, Expert

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

Customer
Hi Debra, i already get the copy of lease from the landlord
Customer
Could you please tell me what the meaning of this part of the lease. Thank you very much. I want to know if theres a chance of not paying the amount they want, before i get a lawyer.Thank you very much.
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