§ 6A-2.1-222 - Effect of tax increase on lease payments.
SECTION 6A-2.1-222
§ 6A-2.1-222 Effect of tax increase onlease payments. – (a) No lease relating to residential real estate shall contain a provisionwhich obligates a lessee to make payments to the lessor on account of anincreased real estate tax levied during the term of the lease, unless suchprovision expressly sets forth:
(1) That the lessee shall be obligated to pay only thatproportion of such increased tax as the unit leased by him or her bears to thewhole of the real estate so taxed;
(2) The exact percentage of any such increase which thelessee shall pay; and
(3) That if the lessor obtains an abatement of the realestate tax levied on the whole of the real estate of which the unit leased bythe lessee is a part, a proportionate share of such abatement, less reasonableattorney's fees, if any, shall be refunded to said lessee. Any provision of alease in violation of the provision of this section shall be deemed to beagainst public policy and void.
(b) If the exact percentage of any such increased taxcontained in such a provision is found to exceed that proportion of suchincreased tax as the lessee's unit bears to the whole of the real estate sotaxed, then the lessor shall return to the lessee that amount of the taxpayment collected from the lessee which exceeded the lessee's proportionateshare of the increased tax, plus interest calculated at the rate of fivepercent (5%) per year from the date of collection.
(c) Nothing in this section shall apply to existing leasesbut shall be included in all new leases.