If I have overpaid on my rent, can I sue my landlord for reimbursement?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have overpaid on my rent, can I sue my landlord for reimbursement?

When I first moved in here, I told the landlord that I will be staying for half a year, so he said that since I will be staying for half a year, he will have to increase the rent payment. I agreed to it. However, it wasn’t until recently that I thoroughly read through the rental agreement and found out that it said “Commencing Feb 1, 2011 TENANT agrees to pay LANDLORD the sum of $755 per month in advance on the first day of each calendar month.” I however, have been paying them the sum of $815. If I asked them to give back the money I overpaid, and they refuse, can I sue?

Asked on April 15, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, if you overpaid and the landlord refuses to return the overpayment, you may sue the landlord. A lease is a contract; a contract binds both parties; as per the contract, each party must only pay or do what it is obligated to do by the contract terms, and the other party has no right to demand payment or performance outside or beyond the contract terms. Thus, if you have a lease stating that you owe $755 per month, that's all you have to pay; the landlord does not have any right to keep any amounts over that which you paid by accident. It may be worthwhile to be flexible; suppose that you have overpaid $60 per month for 4 months, or overpaid by $240. If the landlord doesn't want to write you a check for that amount but will credit you that for the next month's rent, it would be worth taking.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption