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Inaccurate square footage in lease?


My commercial lease states that my space is approximately 1334 square feet. I'm in the fifth month of my lease, but have not actually paid any rent yet, since I have 5 months free rent in the lease. My general contractor just pointed out to my that my space is actually 1306 square feet. I have my general contractor's store plan documentation, which proves this to be correct.

How should I handle this? Is a new lease in order? Please advise. Thanks!

If you are in a lease with the wrong square footage listed, you can call the property manager or landlord and tell them you wish to re-negotiate the lease. Make sure that the General Contractor is correct first. You can even buy a digital tool to help you with the determination of square feet.
Remember, the landlord can make a new lease but he does not have to go down on the rent. But if you are in a building where everyones rent is negotiated by the exact square footage then you have grounds for a rent decrease if you can prove the size is different than the contract.
Most commercial leases are by the square footage plus the location of the unit or desirablity. Some are more desirable than others because of windows, end unit, lower unit, door acess, loading acess, and foot traffic. So make sure the landlord is not using one of these to base your lease upon.
Once you are re-negotiating the lease everything is now OPEN again and negotiable like your rent (it can go higher), % paid for utilites and maintenance, and number of years for the lease.

everything appears copasetic since the word "approximately" was used. No need to handle anything, no new lease is in order.

You are fine. Something that minimal can be any ones math error. Even the general contractors. So don't even bring it up.

But if you are clever and you seem to be. Hold on to that plan with the sq. ft. if over the span of time until you are due to renew the lease you can substantiate that it is in fact smaller. When you negotiate the new lease based upon sq. ft. go ahead and negotiate the amount. Then prior to the finalization point out the discrepancy. Oppsy. That way they feel a little sting over it just like you are now. That is technically correct and a thimble full of revenge for you to enjoy over then next lease period.

Best of luck,

you got 5 months free and now you want to back out? why didnt you figure that out in the first month? all of a sudden when it looks like you have to pay something, you start looking at things. Im not blaming you, but its what it looks like. And, 1334-1306 is only a difference of 28 feet. And how much is that? practically nothing. So, why do you need a new lease? what are you trying to save? didnt you already save your first 5 months? doesnt seem worth the trouble. I think you have lost your chance. Should bring it up when your lease is over and you want to sign again. worse comes to worse, he will say..okay..fine..i ll pro rate the yearly lease and the square footage....and if you dont want this lease..ill throw it away..and prorate the yearly rate divided by 12...and you can pay me ...and then get out....and ill give you another 2 weeks to re count the square footage in the place before i let someone else come in.....

Is your rent (or other charges) computed on the basis of the square footage? If so then you should send a letter to the landlord requesting that the premises be measured, since your measurements conflict with the measurement stated in the lease.

If your rent is not computed on the basis of square footage but is merely a set amount, and if you are not paying CAM, taxes or insurance on the basis of square footage, then don't bother.

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