This Week's Q & A

This Week's Question

August 9, 2004

By Nena Groskind

Q: Recently, I received notice from my landlord that the taxes on his building had increased and that he was going to exercise the tax escalator clause in my lease, to the tune of $150, representing my share, as 1 unit among 15, of the increased tax bill. I have two questions: Am I required to pay the entire amount in a lump sum, or can I spread the payments out over a period of time? Am I entitled to see the actual tax bill or some other proof of the increase the landlord claims?

A: The landlord’s ability to pass on the tax increase stems from a state law (Chapter 186, Section 15), which outlines the requirements a valid tax escalator clause must meet. That statute simply gives landlords the right to pass on a tax increase to their tenants; it does not require them to spread the payments over time. On the other hand, it doesn’t preclude them from doing so. If a single payment would be difficult for you, try to work out a payment plan that meets both your needs and your landlord’s schedule for paying his tax bill.

As for your second question—yes, you can insist on seeing the landlord’s tax bill. If everything is in order, he shouldn’t have any objections to showing it to you. But if, for some reason, your landlord refuses to cooperate, you can obtain the tax information easily enough on your own; it’s a matter of public record, on file in the office of the Board of Assessors in the community in which the property is located.