Key Issues and Findings:

1. Lease Dispute and Rent Calculation:

   • The dispute arose from a disagreement about rent calculations for a grocery store acting as an anchor tenant in a shopping mall. The lease, dating from 1978, was renewed multiple times.
   • The tenant's interpretation of rent calculation was upheld, dismissing the landlord's claim for unpaid rent and rejecting the landlord’s "Rent Paid Theory."

2. Common Area Maintenance (CAM) Charges:

   • The landlord knowingly inflated CAM invoices in several ways, including improperly charging for cleaning a private office and manipulating gross leasable area calculations.
   • The court found these practices unjustified and required recalculated CAM charges, denying interest on unpaid amounts due to the landlord’s misconduct.

3. Roof Replacement Costs:

   • The tenant replaced the roof, which the court found to be the landlord's responsibility. The tenant was entitled to reimbursement.

4. Unjust Enrichment:

   • The tenant overpaid rent by $493,269.66 in the two years prior to initiating the claim, enriching the landlord without justification. The court awarded this amount but barred older claims under the statute of limitations.

5. Equitable Set-Off:

   • Both parties sought equitable set-off (crediting amounts owed against each other). The court declined both requests due to lack of sufficient connection between claims.

Damages Awarded:

• Total: $1,359,799.88, comprising:
  • $452,810.09 for roof replacement.
  • $767,754.07 for rent overpayments.
  • $139,235.72 for CAM charge overpayments.

Costs:

• The parties were instructed to file submissions if unable to agree on costs, with deadlines for submissions set for December 2024.