Carefully Scrutinize Your Lease Operating Expenses – guest post by Justin Daniels, Atlanta Real Estate Attorney

I want to remind our readers that you or your clients who lease space may soon be receiving a statement from your landlord regarding operating expenses for the 2009 calendar year. You should carefully scrutinize this statement as landlord’s are passing along all kinds of impermissible expenses onto tenants due to the current market. Arnall Golden Gregory is suing their Atlantic Station landlord over this issue for $400,000 so don’t put this behavior past any of the landlords even the institutional ones.

When you receive your bill look for the following that may raise red flags concerning 2009 operating expenses:

Operating expense figures without any itemization of costs; or Operating expense figures with an itemization of costs when compared to last year may seem much higher or contains more or fewer items.

As always your trusted resource for practical legal advice.

About Justin Daniels

Justin S. Daniels is the trusted legal quarterback providing corporate and commercial real estate advice to fast growing privately held entrepreneurial businesses. He practices law as a shareholder with the firm Wagner Johnston & Rosenthal, P.C. Justin's corporate practice consists of representing businesses and business owners in all aspects of their operations from structuring new ventures, advising on acquisitions and divestitures and reviewing and negotiating key vendor, franchise, employment and customer contracts. He has represented a variety of clients in the manufacturing, retail, professional services, consulting and technology industries.

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