Landlord’s Forgetfulness is No Excuse: Tenant Obligated to Pay Lease Expenses – guest post by Justin Daniels, Atlanta Real Estate Attorney

I recently had this issue come across my desk: A landlord sent a Tenant a bill for two year’s worth of tax expenses does the tenant have to pay them. Unfortunately, the general answer is yes. Despite the landlord being asleep at the switch, if the tenant agreed to pay such expenses in the lease the landlord’s failure to request them promptly generally will not relieve the tenant from its obligation to pay such expenses. Should the landlord take some affirmative act in writing such as “You don’t owe such expenses for 2010” that might lead to a different result.

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.