What to do if I exited a lease early and the early termination fee was listed in my lease but the landlord billed me for more than the fee?

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What to do if I exited a lease early and the early termination fee was listed in my lease but the landlord billed me for more than the fee?

The place was left in satisfactory condition upon the move out date. I offered the amount listed in the lease, on time, and it was refused. They sent it to collections and now it is negative on my credit report. If I pay what they demand, can I sue them to get back the extra fees that are not in our contract? Am I likely to win?Can I be given a judgment to order the negative credit reporting to say “paid as agreed”?

Asked on October 28, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, I suggest that you pay "under protest" the amount extra claimed by the landlord so that the negactive reference on your credit report can be removed. After you pay the amount, send a demand letter to the landlord for the amount back stating such was done to remove the negative mark on your credit report and if not paid by a certain date, you will resolve the matter in small claims court.

Keep a copy of the letter for future use and need. If you do not get reimbursed by the due date, then you file in small claims court. Whether you prevail or not depends upon how well your present your case to the small claims judge.


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