{"id":2900,"date":"2018-03-22T13:56:11","date_gmt":"2018-03-22T17:56:11","guid":{"rendered":"http:\/\/www.gestionmjs.ca\/mesurages-truques-par-les-bailleurs-la-superficie-locative-totale-de-limmeuble\/"},"modified":"2018-05-09T15:08:07","modified_gmt":"2018-05-09T19:08:07","slug":"mesurages-truques-par-les-bailleurs-la-superficie-locative-totale-de-limmeuble","status":"publish","type":"post","link":"https:\/\/www.gestionmjs.ca\/en\/mesurages-truques-par-les-bailleurs-la-superficie-locative-totale-de-limmeuble\/","title":{"rendered":"LANDLORDS\u2019 FAKE MEASUREMENTS!!! THE TOTAL RENTAL AREA OF THE BUILDING."},"content":{"rendered":"

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Underestimation of the leasable area of a building<\/strong><\/em><\/h2>\n

In my blog published last Friday<\/a>, I explained how landlords \/ managers (Lessors<\/strong>) of non-residential buildings have reasons to overestimate the measurements of \u200b\u200bleased premises and to underestimate the total leasable area of \u200b\u200bthe building (TLAB<\/strong>) in which the leased premises are located. Today, we will see together some of the schemes used by the Lessors to delude tenants over TLAB. These stratagems are identified in bold type below<\/strong>.<\/p>\n

Tenants always shocked<\/strong><\/em><\/h2>\n

When carrying out lease audit mandates, I too often unearth Lessors who deliberately underestimate their TLAB. Tenants are always shocked to learn that their Lessor can do this. This is a much more widespread reality than one might think.<\/p>\n

How do we find out?<\/strong><\/em><\/h2>\n

First of all, it should be known that TLAB values can be obtained from several sources such as specialized magazines, consulting firms that specialize in the collection of this kind of information, real estate brokers and on the website of the Lessors<\/u>. And yes, very often, the TLAB published on the website of a Lessor is superior to the TLAB it uses for the calculation of the proportionate share of the additional rent of the tenant!!!<\/u> The experience and some other procedures are also part of the lease auditor’s arsenal to identify the possibility that the actual TLAB might be greater than the one used by the Lessor. These data from different sources should alert tenants that the amount of additional rent charged by the Lessor is most likely overestimated. I say “most likely<\/u>” because it will take further audit procedures (that you will find in my next blog) to validate.<\/p>\n

1st scheme<\/strong><\/em><\/h2>\n

It is very common for Lessors to deliberately fail to determine or clearly define TLAB in their standard lease and if they do, it is often inferior to reality<\/strong>. The tenant often only gets to know this area when he receives for the first time the annual adjustment of the additional rent of his Lessor, commonly known as the “13th invoice”. Moreover, this area may change on the “13th invoices” of subsequent years, which is rather surprising because the TLAB should not change unless there are major changes to the building.<\/p>\n

2nd scheme<\/strong><\/em><\/h2>\n

It happens that a tenant or I will ask the Lessor to provide the certificate of total measurement of the building to prove the TLAB. The problem is that in most cases that I have experienced in this practice, the Lessor adopts the bad habit of not providing the document on the pretext that it is lost or does not exist!!!<\/strong> Know that this is for all practical purposes impossible and here’s why:<\/u><\/p>\n