• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Model Lease Clauses
  • Q&A
  • Dos & Don'ts
  • Recent Court Rulings
  • eAlerts
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Broker's Buzz
  • Drafting Tips
  • In the News
  • Negotiating Tips
  • Plugging Loopholes
  • Traps to Avoid
  • Model Lease Clauses
  • Model Lease Clauses
  • Model Agreements
  • Other Model Tools
  • Q&A
  • Q&A
  • Pop Quiz
  • Winners & Losers
  • Ask the Insider
  • Recent Court Rulings
  • Landlord Wins
  • Landlord Loses
May 30, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 30, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 30, 2025
CLLI_logo_2020.jpg
  • Archives
  • Main Articles
    • Features
    • Broker's Buzz
    • Drafting Tips
    • In the News
    • Negotiating Tips
    • Plugging Loopholes
    • Traps to Avoid
  • Model Lease Clauses
    • Model Lease Clauses
    • Model Agreements
    • Other Model Tools
  • Q&A
    • Q&A
    • Pop Quiz
    • Winners & Losers
    • Ask the Insider
  • Dos & Don'ts
  • Recent Court Rulings
    • Landlord Wins
    • Landlord Loses
  • eAlerts
Free Issue
The Habitat Group Logo
May 30, 2025
  • Log In
  • Log Out
  • My Account
Home » Tenant Owes Additional Rent Despite Owner's Late Statement Filings

Tenant Owes Additional Rent Despite Owner's Late Statement Filings

Dec 1, 2002

A lease required the owner to give the tenant a certified statement of its proportionate share of the preceding year's actual taxes and operating expenses, on or before March 1 “or as soon thereafter as is practical.” The lease said that if the tenant's share of the actual taxes and operating expenses exceeds the additional rent it has already paid, the tenant has 10 days from the receipt of the statement to pay the difference.

In September 1994, the owner gave the tenant the certified statements for 1990, 1991, and 1992. The tenant refused to pay the difference it owed, so the owner sued it. The tenant argued that the owner had violated the lease by failing to give it these statements on or before March 1 of each calendar year or as soon thereafter as practical.

A Connecticut appeals court ruled that the tenant had violated its lease by refusing to pay the additional rent it owed. The court noted that when the owner had filed other such statements late, the tenant had paid the additional rent it owed, without objection.

The court also noted that the tenant knew there was an ongoing dispute between the owner and its lender over the additional rent payments and that this dispute had delayed the serving of those years’ statements. And the court said that the owner had served the statements as soon as was practical once that dispute was resolved.

So the court ordered the tenant to pay the owner over $31,000 in additional rent due, plus interest, late charges, and attorney's fees [Putnam Park Assocs. v. Fahnestock and Co., Inc.].

Commercial Lease Law Insider
    • Related Articles

      Owner Could Evict Tenant for Not Paying Additional Rent

      Lease Terminated Early Despite Tenant's Late Fee Payment

      Previous Owner's Acceptance of Late Rent Doesn't Waive New Owner's Right to Timely Rent

    • Related Products

      Best Commercial Lease Clauses, Tenant's Edition

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing