[WSBARP] Mistake in Rented Area

[Paul Neumiller]

Just a quick thought.  There could be a difference in method of
measurements.  Check out the BOMA requirements.  Some LLs measure the
entire unit going from studs on the perimeter walls to the other perimeter
walls.  You could be getting a much smaller sqft if your client is
measuring just the interior walls from wall to wall.  In other words, the
LL may be measuring the unit pre-tenant improvements.  

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Friday, July 18, 2014 10:51 AM
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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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
representations are made as to the accuracy of any information provided.
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
representations are made as to the accuracy of any information provided.
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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