lease asks for annual increase and for 12 years the tenant did not follow the increase of rent and now the back unpaid rent is about $200000.00.
will i be able to win the case, any recommendation. lease is industrial commercial single tenant lease.
You will have a statute of limitations problem for rent that is owed but not paid for this length of time In general you have 4 years from the breach to enforce your rights. The tenant may also have a defense of waiver because of the failure for so many years to enforce the terms (check the lease itself as many commercial leases have language that says failing to enforce is not a waiver). Keep in mind that the tenant very well may be unable to pay even the back 4 years of rent so you may need to negotiate some other solution. If the property was under a property management contract what was the manager doing? A full review would be required to give specific advice.
Please consult or retain a lawyer for your particular issue.
Mr. Elkins is correct. It really depends on the language in the Lease and also what has been going on for the past 12 years. There would be a statute of limitations problem going back past four years, but the tenant may have a defense based upon a waiver if there was no rent increase all these years. Further, an unlawful detainer complaint can only ask for the past year of rent owed so you may have an issue going back four years for an eviction. However, you may have a claim for a separate civil action for the loss of rent. Ultimately, it depends on what you are looking to do.
Since you do not mention how you are connected to the property, it would also depend on what the owner knew or did not know about the lease and if someone was advising and/or managing the property on his behalf. You should speak to a local real estate attorney to discuss your options.
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