My landlord says they have been charging me the wrong amount of rent for seven months. Now they say that I owe them for the mistake that they made. They have even added late fees to the additional rent that they want. The amount that was on my bill each month was paid in full and on time every month. Am i responsible for the mistake that they made, and if taken to court would i have a chance to win?
2007-11-15 03:36:19 · 35 answers · asked by johnsonjrod 3 in Business & Finance ➔ Renting & Real Estate
That is total crap. Dont pay. If you have been paying the amount they quoted before you moved in then you have nothing to worry about. But I would start looking for a new place to live.
2007-11-15 03:39:39 · answer #1 · answered by norml 4 · 0⤊ 0⤋
Do you have a lease or rental agreement? Does it state what your rent should be? Were you paying the amount stated? Did your rent increase while you were a tenant?
Did anyone notify you in advance that your rent was going up? Did anyone notify you that you were paying the wrong rent immediately? Or did they accept your payments for several months before notifying you?
Cannot give you an answer without this info. It you have a rental agreement, and if you have been paying that amount, you have a very good chance of winning in court. However, be prepared to move even if you do win. Because the landlord can simply raise your rent for future months to get back what he thinks you owe him for past months.
Your best bet is to discuss this with the landlord and negotiate a settlement. If you were aware or should have been aware that you were paying too little, you're stuck. If you could not have known, he should at least waive the late fees. If he values you as a tenant, he might even waive the underpayments and offer a new lease. But expect it to be high enough to compensate his previous losses.
2007-11-15 03:47:30 · answer #2 · answered by BC 6 · 0⤊ 0⤋
No, you are not responsible. If you have a lease, you are only obligated to pay what's stated in the lease. If you are month-to-month the landlord can give you 30 days notice and then raise the rent from that point forward.
If the landlord charged the wrong rent, that's his tough Twinkies.
But I have to ask, why does the LL send a bill? I've NEVER heard of that. BUT, it does prove your position that you paid the rent that the landlord asked for. You are not obligated for a dime more than that.
It sounds as if your LL might be trying a "constructive eviction" to force you to move. That's illegal. Consult with an attorney or your local tenants' rights organization.
2007-11-15 03:42:28 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
What does your lease say?
(a) If you are paying the amount that your rental agreement specifies, then you do not owe any additional rent to owner. Owner is under legal obligation to properly notify you of any raises in rent. If you have a lease, lease period must terminate first.
(b) If you have been paying LESS than the amount the agreement specifies, and the owner hasn't said anything about it until now, technically you ARE responsible for all back rent and late fees DEPENDING ON HOW THE LEASE IS WRITTEN. But if he didn't say anything about it for seven months, there probably aren't too many courts that would award him that many month's worth of late fees.
2007-11-17 06:00:36 · answer #4 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
What landlord sends out a monthly bill?
Why didn't you contact him when you got the first bill with the incorrect amount? If he had sent you a bill for a higher amount you would surely have called him rather than paying the higher amount.
If you signed a lease which stated a monthly amount due for a set period of time that is what you owe no matter what the monthly statement said. If you were a month to month tenant then you only owe whatever the monthly statement says.
2007-11-15 04:41:51 · answer #5 · answered by ebosgramma 5 · 0⤊ 0⤋
Your rent should be clearly stated in your lease. If you paid less than that, I agree that you owe the difference, but I would try to negotiate the late charges.
If you have no lease, hopefully you’ve saved the bills showing what you were charged and you may need an attorney if the landlord tries to pursue the issue.
2007-11-15 03:47:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you paid what you were asked to pay. You did nothing wrong. It was their mistake. Tell them that you dont mind paying the altered amount from now on but that you are not responsible for what they told you before. Keep any papers that they send you! If you signed a lease, such as 1 year, then the rent amont should be on it. If so, this is what you pay for the year. They shouldn't be able to legally change it. If they dont already have a "lease" written up, ask them to write one up so your rent stays the same and it is on paper.
2007-11-15 03:40:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋
your lease should be your contractual obligation. If you were a company you would have accrued for the montly difference between your bill and your lease amount. It really depends on how your lease is worded and if it refer to monthly billing. You definitely can blow them off on the interest as it is not your mistake and you can take them to court for that. On the remaining amount you can always try to negotiate but most likely it is a lost cause. If you are an individual try to discuss this with a small court attorney. there are some free attorney services for tenants.
2007-11-15 03:45:36 · answer #8 · answered by crapaudblanc 4 · 0⤊ 0⤋
i think you have a good case, make sure you keep-all receipts and written-correspondence's, make copies of everything, even your rent agreement.get everything together, write up a letter of what their doing and charging you, if you can get a lawyer and have him send them a letter, it may be enough to scare them-into stopping this without going to court?do not give them any of that back money, only give your rent now. i don't think they can change the rent amount unless its in your lease or your going month to month, a years leaseholds the rent amount the same for 1 year, month to month they can change the amount every month!!!!!!!!!plus charging you-late fees and interest, that's crap, they cant do that, unless you signed something that said they can raise the rent without telling you????talk to a lawyer, hurry!!!!!!!
2007-11-15 03:54:10 · answer #9 · answered by debbie d 4 · 0⤊ 0⤋
It is hard to say. You need to look at your rental agreement and see what amount you agreed to. If it is in writing and you signed it, they have an argument that you knew the correct amount of rent and did not pay it. Legally, they may be able to charge you the late fees ... but anyone with any decency would waive that! Good luck. You may have a good case, but if that is all in a contract you signed, you are most likely SOL. Stinks.
2007-11-15 03:40:25 · answer #10 · answered by Therapist 5 · 0⤊ 1⤋
what amount does your lease say if it says the amount that you have been paying then no you owe nothing and if it says the amount the landlord says that you were supposed to be paying then you do owe it but i cant see the late payment fees holding up when he is just now bringing it to your attention 7 months later
2007-11-15 03:41:13 · answer #11 · answered by Tiffany M 3 · 0⤊ 0⤋