[WSBARP] Mistake in Rented Area

[Tom J. Westbrook]

Ron, 

Rentable is not same as net. Is it defined in the lease? Rentable could be
10 to 20% more depending on how defined. 30% more doesn't seem reasonable.
Regards, 

Tom

Sent from my Verizon Wireless 4G LTE smartphone


-------- Original message --------
From: Ron Housh 
Date:07/18/2014 10:55 AM (GMT-08:00) 
To: wsbarp at lists.wsbarppt.com,'WSBA RPPT Real Property Discussion Forum' 
Cc: ron at housh.org 
Subject: RE: [WSBARP] Mistake in Rented Area 


Triple net Commercial Lease – 5 years

Lease expressly states the rentable area is 4100 square feet.

Approaching end of the 5 years, the Lessee decides to measure and finds
that the space is actually 3100 square feet.

Why did Lessee measure now?  Lessee was evaluating whether they could move
and fit into smaller space.  The measurement of smaller space resulted in
the Lessee  deciding to take actual measurements of the current space.

The Lease provides for a fixed rent.

But in emails before the Lease was signed and in a recent email the Lessor
has confirmed that the fixed rent was based on a price per square foot,
i.e. $X per square foot times 4100.

 

Seems to me the Lessee has a very strong claim for reimbursement/credit.  

 

Perhaps the Lessor argues the Lease is unambiguous and therefore no
extrinsic evidence allowed to vary its terms.  But wouldn’t the proof of
the mistake as to the square footage “open the door” to not only proof
that the Lessee has leased 3100 square feet as opposed to 4100 square
feet, but also proof as to the calculation of rent?

 

Thanks in advance for your thoughts.

 

Ron

 

 

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  360-445-3327

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

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Bar Association nor its officers or agents. 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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