Can my landlord collect sum money that he says I owe under my previous lease?

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Can my landlord collect sum money that he says I owe under my previous lease?

The landlord uses outside company to bill for water, trash, sewer, and gas. The complex just got purchased by a new company. During my 2009 lease there were some problems in billing and the bill went unpaid for a few months. The old property manager was working on a credit before I signed my new lease in 05/10 (I have the e-mails). Now the new manager has come along and called me a liar and said that I owe the full amount to them, not the outside company. They have given me eviction papers over the few hundred dollars. All my rent is current and that bill is current. They should have collected anything that they thought I owed before I signed my new lease.

Asked on October 16, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although I would like more information on the matter - what credit are you talking about? did you own the back money? - I think that from the information you have given here you ma be sitting in the best seat during the eviction proceeding.  You are going to go in to the Judge and make sure that you bring with you all the payments under this lease that show you are up to date from 5/10 until now.  The eviction can only be based upon THIS contract and not the prior.  He can sue you under the prior lease for back money 0 maybe - but an eviction proceeding is not the way to go.  Get a second opinion from an attorney in your area.  Good luck.


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