If there is no provision for adding a management fee during the term of the lease, is it legal to do so?

Have been a tenant for 8 years, center is self-managed. Starting year 3 of another 5 year term. This year a 'management fee' is listed in the reconciliation statement, and the entire past year of fee has been billed to us as a 'shortage' (plus $1/sf added to NNN rate). Without any justification or a specific provision in the lease, is this allowed?
In Leasing Property - Asked by Teresa W. - Aug 17, 2016
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Answer(s)

John S.
Broker/Agent
Aurora, IL

Ask an attorney. It depends on the provisions of your lease. If the lease has no provision for it, there is probably a good case to be made that there is no justification for adding the management fee.

Aug 17, 2016
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Javier D.
Broker/Agent
Scottsdale, AZ

Hi Teresa,
Each state has different rules and landlord tenant code. Tenant and the Landlord will have to perform according to the Lease agreement. In this situation will be better to discuss with you landlord the situation to seek understanding or consult a Real Estate Attorney.

Aug 23, 2016
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Chris R.
Broker/Agent
Denton, TX

Your lease agreement should define those expenses that are permitted to be passed on in whole or in part to the tenant (s). If management is permitted - yes. If it is not - likely not.

Aug 27, 2016
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