{"id":3012,"date":"2018-06-26T14:44:06","date_gmt":"2018-06-26T18:44:06","guid":{"rendered":"https:\/\/www.gestionmjs.ca\/mesurages-truques-par-les-bailleurs-1er-cas-pratique\/"},"modified":"2019-03-13T14:15:36","modified_gmt":"2019-03-13T18:15:36","slug":"mesurages-truques-par-les-bailleurs-1er-cas-pratique","status":"publish","type":"post","link":"https:\/\/www.gestionmjs.ca\/en\/mesurages-truques-par-les-bailleurs-1er-cas-pratique\/","title":{"rendered":"LANDLORDS’ FAKE MEASUREMENTS – CASE #1"},"content":{"rendered":"
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In my blog dated March 29<\/a>, I promised to reveal concrete examples that illustrate how landlords have been able to cheat tenants over several years by deliberately using false measurements of rental areas. Here is a real life example among many others that illustrates the facts alleged in my three previous blogs.<\/p>\n A tenant operates large retail businesses in five regional retail centers in Quebec and Ontario, all of them owned by the same landlord. The tenant is considered an anchor tenant. The tenant’s standard lease clearly states that the total leasable area of the shopping center (TLAC), in determining the tenant’s proportionate share, must at all times represent the leasable area of all the buildings built on the site<\/u>.<\/p>\n When asked to justify the TLACs for each of the centers, the landlord produced an extract from the rent roll of each location. The registers contain the leasable area attributable to each of the premises and the sum of these areas gives the TLAC of each of the shopping centers.<\/p>\n In this example, I have found evidence that the landlord has always calculated the TLAC by considering only the<\/u> occupied premises<\/u>, thus excluding the vacant spaces from the TLAC calculation. In doing so, the landlord unfairly inflated the tenant’s proportionate share. He has even added insult to injury by repeatedly lying to the tenant and to myself that this was not the case. In addition, the area of some of the other tenants’ premises (and by extension the TLAC) had been underestimated by the lessor. Here is how the scam was discovered.<\/p>\n The most incredible thing is that despite the fact that the landlord’s manipulation was discovered several years ago, this one reproduces the same ploy year after year, even if he knows very well that he will be the object of a lease audit for each of his fiscal years. These five shopping centers have been audited each year since 2009 and the landlord’s handling of the TLACs resulted in a rent overpayment of several hundreds of thousand dollars, which were of course recovered by the client.<\/p>\n In my next blog<\/a>, which will be broadcasted in a few days, I will disclose a second real life case of ploy carried out by the lessors to overcharge rents to commercial buildings tenants. All tenants of office, industrial or retail space should use the services of a lease auditor to ensure that they are not victims of such shameful acts!<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.19.17″ text_font=”Arial||||||||” text_font_size=”20px” text_orientation=”justified” header_2_font=”|700|on||||||”] In my blog dated March 29, I promised to reveal concrete examples that illustrate how landlords have been able to cheat tenants over several years by deliberately using false measurements of rental areas. Here is a real life example among many others that illustrates the facts alleged […]<\/p>\n","protected":false},"author":4,"featured_media":2877,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" [et_pb_section bb_built=\"1\"][et_pb_row][et_pb_column type=\"4_4\"][et_pb_text _builder_version=\"3.5.1\" background_layout=\"light\"]<\/p> <\/a>Article \u00e9crit par Mr Santerre, parut dans le magazine CA Magazine de Mai 2011. Cet article introduit la probl\u00e9matique r\u00e9el dans l'industrie immobilier...<\/p> Vous trouverez dans cet article complet :<\/p>Case #1 \u2013 More than just a detail for retail.<\/em><\/strong><\/h2>\n
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Areas manipulations by Landlords – What a shame!<\/strong><\/em><\/h2>\n