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tax increase pass-through

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tax increase pass-through

Postby Alexander » Wed Dec 18, 2002 7:38 pm

LL just hit us with massive property tax bill, wants it paid January 1st as a lump sum (he wants the increase over the base tax). Do we have to pay it?
- we live in a subdivided artists' work-live space, multiple year lease though nobody has a copy anymore. Technically it's probably a commercial lease, but LL knows people live here (constructive residential lease?) Space is nowhere near up to code, even the simplified code for pre 1977 warehouse spaces for artists (no heat, no windows, no air, etc.). Nobody remembers ever being hit with a tax pass-through before. Definitely not one like this. Shouldn't LL be responsible for property taxes? If we have to pay it, can we get it prorated into twelve installments (with the rent?) Any help will have the gratitude of ten people, not just me. Thanks!
Alexander
 
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Re: tax increase pass-through

Postby Cranky Tenant » Wed Dec 18, 2002 9:58 pm

This really depends on exactly what your lease says.

When I rented some commercial space a number of years ago, there was no pass along for Property Taxes. Even so, just because one lease doesn't have it doesn't mean another one won't. . Unlike residential leases, commercial leases can be much more negotiable but can require the tenant to pay fees and provide services that aren't a factor in residential housig.

If your can't find your current lease, you could ask your LL to send you a copy and highlight the portion that allows this increase.

<small>[ December 18, 2002, 09:04 PM: Message edited by: Cranky Tenant ]</small>
I'm a cranky tenant NOT a cranky lawyer.
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Re: tax increase pass-through

Postby Cranky Tenant » Thu Dec 19, 2002 5:14 am

While I wouldn't actually tell the LL you lost your lease you are entitled to a copy by law.

And if he does give you another copy make sure it's signed by the person who signed the original lease. My LL has actually sent a (fake) copy of an unsigned lease claiming restrictions that never appeared in the original signed version.
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Re: tax increase pass-through

Postby Alexander » Thu Dec 19, 2002 4:53 pm

Thanks all. Seems the commercial lease is the killer - but if the LL has known for a long time that people are living here, doesn't it become a residential lease? I know the law sometimes makes "constructive" leases or contracts based on people's actions rather than their written contracts.
Alexander
 
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Re: tax increase pass-through

Postby Cranky Tenant » Fri Dec 20, 2002 4:31 pm

I'm not familiar with loft issues but, I don't think there's any such thing as a "constructive residential lease" If the building is zoned as commercial it really doesn't matter whether the LL knows you're living there. It' a zoning issue.
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