Can the apartment complex change the amount of the eviction after I’ve already paid?

UPDATED: Aug 25, 2011

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Can the apartment complex change the amount of the eviction after I’ve already paid?

I was evicted during a time of financial hardship, and moved out due to non-payment of rent. I contacted the apartment complex to find out what I need to pay to settle as I have 2 girls, and need a place to stay and I have some money saved. They advised me to wait on the paper for the security deposit disbursement. Weeks later I received the paper stating I needed to pay $685 + some change. A couple weeks after, I went to them with a $700 money order. They gave me a receipt and said I was good to go. Now 2 weeks later I get another security deposit disbursement stating that I owe $2000+ more.

Asked on August 25, 2011 Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not the apartment complex can change the amount that it claims you owe it for non-payment of rent and other amounts such as damages to the unit you were renting and other associated fees such as late fees, early termination fees, lost rent depends upon what the written lease that you presumably signed states.

You will need to carefully read the terms of your written lease with your landlord in that its written terms control the obligations you owe the landlord and vice versa in the absence of conflicting state law.

I suspect that one reason why the amount you owe the landlord has increased is because you were on a lease for a set term and each month you do not pay for the unit you agreed to rent (but are not occupying) is added to the amount from the previous month.

If there is a legal aid program in the county where you reside, you should consult with it to assist you in your matter.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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