Property Manager's Testimony Contradicted by Evidence

December 28, 2009
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Facts: A tenant rented commercial space for its beauty salon under a 10-year lease that required rent plus a percentage of the building's operating costs (overhead charge). The estimated monthly overhead charge was $800, and the owner was obligated to calculate the actual overhead charge at the end of the calendar year and charge for underpayments or apply credits as needed. The tenant refused to compensate the owner for its underpayments for 2006, claiming that the calculations were not accurate because they included expenses related to separate addresses.

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