Tenant Not Required to Pay Owner’s Attorney’s Fees

November 26, 2013
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Facts: A supermarket tenant signed a 25-year lease with the owner of a shopping center. Under the lease, the tenant was to pay base rent plus additional rent, which included items like its pro rata share of taxes for the center. Like some of the other tenants in the center, the tenant had an audit right that it could exercise if it wanted to contest its share of the taxes. Another tenant in the center contested the amount of taxes for the center.

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