Bronx, NY asked in Business Law and Real Estate Law for New York

Q: I have a question regarding my store rental. I signed a contract just over 2 years ago...

I have a question regarding my store rental. I signed a contract just over 2 years ago that stated my rent would go up each year a stated amount. I forgot all about this part if it and for the past 26 months have sent them the same amount. That amount has been accepted and cashed without acknowledgment for 24 months. My June rent check was not cashed and neither was my July rent check and in early July the agent contacted me to say I had been paying the wrong rent for those months and the previous 12.

I have sent her the balance for the correct amount for June and July, but she also wants me to pay the difference for the previous 12 months (around $1200) I feel that as they never notified me that I was paying the wrong amount and accepted and cashed the checks I should not be liable for this amount. Where do I stand legally?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: If you have the standard store lease, you owe the amount in the lease. Do not risk eviction over $1200. While it is not a default, now that it has been demanded, you owe it. If you pay, get a letter that explains the deal and that there is no default.

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