In a troubled commercial real estate market, and particularly when a long-term lease was signed before the recession of 2008, business tenants have turned increasingly to lease audits as a way to document overcharges and develop other leverage against the landlord, especially in situations where the tenant could find better terms at another location.
The Price Law Firm advises and represents both landlords and tenants who need to resolve the issues identified in a tenant lease audit. Contact us in Manhattan to learn more about your options for protecting your interests both in a lease audit investigation and in the renegotiation or litigation that very often follows. Call (212) 675-1125 for a free consultation.
Tenants typically initiate lease audits performed by private consultants as a way of building the case for rent or common-area maintenance (CAM) refunds or as leverage for renegotiated lease terms. As an experienced real estate litigation attorney, Joshua Price knows how to interpret the evidence turned up in the audit. He also knows how to integrate litigation defense strategy with the development of a negotiation stance that accurately reflects a landlord’s interest in protecting the lease or in moving on to another tenant.
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Overcharges identified in a lease audit report can include:
Commercial tenants can also use lease audit findings to buttress claims against the landlord for breach of such non-financial commitments as keeping an anchor tenant in a shopping mall or a major professional firm as a tenant in an office building. When a small business can trace a loss of revenue to the departure of such a tenant, it will often be inclined to renegotiate terms that reflect the decreased value of the lease.
The landlord has its own cards to play in lease audit litigation. Many owners obtain annual waiver letters that document the tenant’s acknowledgement that rents and charges billed in the prior year were accurate, and that the landlord has satisfied its other obligations under the lease. Depending on market considerations and the trend of rents in the area, the landlord might also explore its various options for termination, eviction or nonrenewal under the facts of the given case.
For further information about the different factors that must be considered when tenants seek refunds from landlords, contact an experienced New York lease audit litigation attorney at The Price Law Firm in Manhattan. Call (212) 675-1125 for a free consultation.
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I required assistance with what seemed like an impossible landlord-tenant issue. I sought the Price Law Firm for a second opinion...who am I kidding I needed a real responsive attorney, who knew their craft that has emotional intelligence. I hit the jackpot with Heather, she was all of this and more. She successfully resolved my issue in a few weeks; I was dealing with situation for 2 months before I retained her. Please save yourself alot of unnecessary grief and seek the services of the Price Law Firm, you will not regret it!!
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I contacted Price law firm in a frenzy to find out more information regarding the housing rights for New York City tenants during coronavirus. They were very responsive, and by responsive I mean answered in one minute. The lawyer spent a lot of time understanding my situation and their opinion about my situation. It's really important when considering hiring a lawyer that they approach you with this much compassion. I highly recommend reaching out to them if your in a similar situation. You won't regret it!
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I have an uncontrolled reoccurring noise Issues in my building where landlord doesn't take any solid actions to solve it. I had a lot of questions asked over a month and Heather went above and beyond to patiently explain and answer every single one. She helped me to send a letter to the management where she found two paragraphs violated on landlords side. I am debating now on going ahead and taking management to court, but if I will - I will definitely hire Heather to represent me. Very recommended.
Former Client
I reached out to this law firm for a tenant concern and was pleasantly surprised by how quickly someone responded. Heather reviewed my case and gave me useful information to help me decide whether to go forward or not. I had spoken to three attorneys before her and none of them gave me advice that I could actually use. If you're seeking a tenant law attorney willing to go above and beyond, search no further.
Former Client
I called this firm and spoke with Heather. I was extremely impressed with her knowledge of landlord-tenant law in New York and decided to go with her to review and negotiate a lease with a shady landlord. I'm so glad I did! She was responsive, friendly and helped me out immensely. Highly recommend you go with her and her firm for any issue you may have! They're the best!
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