How do I know if I have the right to audit my lease?

The majority of leases include explicit language pertaining to audit rights. This language may include information governing audit timing, audit procedures, audit costs, and dispute resolutions.

Some leases include no language whatsoever concerning audit rights. In such cases, landlords sometimes assert that a tenant has no rights. However, where leases are silent on audit rights, the proper interpretation is that the tenant does indeed have audit rights as prescribed by law (e.g. good faith and fair dealing).

Since the courts have historically sided with tenants in the few cases brought before them on this subject, landlords typically soften their stances and provide audit rights after engaging in discussion on this topic.

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