norml
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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. |
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Wizzle
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You have to pay whatever your lease says. |
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Catherine E: VT
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I can't imagine that they could possibly win this fight. They can't just announce that they charged you the wrong amount, and now you owe them, because then any landlord could lie and then do that to their tenants.
If you had signed a contract that gave the higher amount, and then they just didn't notice that you'd been sending them less, then they might have a case, other then that, there's no way they could win it.
Get a lawyer. This should be in your favor. |
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bostonianinmo
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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. |
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WT
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Please tell me you have an old bill! This would help your case tremendously! |
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weber9152000
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No, did you sign a rental agreement or was it just a verbel saying, even if they take you to court they have to have paperwork claiming you were supposely to pay this amount and etc, have themshow some proof you were suppose to pay this amount compared to the one you are paying now, if they have something you signed and not paying that amount your up the creek, if not and they cant prove it only by a verbal, id laugh and say prove it. |
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ticketoride04
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since its been carried on for this long and they have not caught it...and you're on a month to month rental agreement...I would say they do not have a leg to stand on...however if you're on a stated lease pmt, you're wrong.
If you've been paying all this time at one price and the LL is/has been giving you late chgs all along and you knew it, you screwed yourself.
But if the LL just came up with the idea to give you prorated late chgs and now you're squealing about it, you could win your case hands down.
think about these options and proceed accordingly.
you have the answer |
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Tiffany M
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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 |
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acermill
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If you are under a lease agreement, you're going to have to pay up. Regardless of a billing error, you have a contract which you must honor. I'd attempt to negotiate out of the late fees, since you have a fairly decent argument that you paid what they asked.
If you are not under a signed lease, then it's their word against yours, and you have a solid case to not pay what they are asking. |
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Sheer_007
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It depends on what the rent that is in the contract, because that has been signed against by yourself and the landlord |
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Ollie
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Hi,they made the mistake so take your chances & go to court.Good Luck |
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bored at work
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Did you sign a contract...If not P**s on him |
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Sagebrush Kid
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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. |
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KathyS
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Do you have a lease? If so..is that amount you have been paying? If so...your landlord is trying to pull the wool over your eyes. You paid what your bill said..you are not responsible. I would move and report him. He is crooked. |
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crapaudblanc
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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. |
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kj
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I think I would take it to a lawyer and find out for sure. But, that doesn't sound ethical to me. |
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debbie d
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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!!!!!!! |
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Barry auh2o
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What does your lease say? |
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Super Team
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You are not responsible for his mistake.Your landlord is trying to rip you off.Once you have the lease/contract which you'll two signed and agreed on and all of your payment reciept/stubs from the beginning then you would definitely have a 100%chance of winning when you take him to court.Donot let people use you for a doormat because they will walk all over you.Hope this helps. |
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Marysue
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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. |
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Dana B
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Yes you have a VERY good chance to win. There is no way they could go 7 plus months without noticing the mistake. He/she is trying to play you.. don't be taken for a fool... good luck. |
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jamers
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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. |
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☆ღWifey Wifeyღ☆
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I'd tell him to blow it out his ***, his problem, not yours. |
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ebosgramma
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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. |
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Barry M
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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. |
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osu_fanz
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yes you will win, they cannot charge you for their mistake. Did you save the bills? do you have a lease? I would go in and meet with them, Im sure they dont want to loose a good resident |
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MrRight
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Well you have to look back at the begingin of the contract..
he he is right but the bill you have in your hand is for that amount than no..you don't have to pay.......
if your contract states you have to pay 1000 dollars
and you were only getting bill 500 because of an error
its their mistake................you don't have to pay anything.
but from now on you are going to have to pay 1000 dollars |
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rockyfella25
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how much does it say on your lease? If it says what he is saying then yes you have to pay..but if it isn't then you don't have to buy.He knew what you were paying each month, so who is he fooling..He excepted that amount so you should be liable for the difference unless of course its stated on your lease..And when it comes to late charges you have your receipts to prove you weren't late so he cant win there. |
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James S55$$ where I give you ME.
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You do have the right to appeal for court on your behalf.And yes, you do have a chance of a win. |
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Yggdrasil Mithos Symphonia
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Not if you kept your reciepts that say "paid in full" or his bills that say "ammount due". Always keep your paperwork.
They can't retroactively bill you. Get a lawyer. |
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LMT in training!
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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. |
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