If my lease states that base rent is $825 a month but I’ve been paying $875 for a $50 water fee, is that legal if the fee is not stated in my lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my lease states that base rent is $825 a month but I’ve been paying $875 for a $50 water fee, is that legal if the fee is not stated in my lease?
The water fee is not listed in the signed lease. Does my landlord owe me the difference in rent I have been paying all this time?
Asked on June 19, 2015 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the lease does not say that you have to pay for the water, then no, you should not have to pay for it--and therefore, the landlord should return it. If he or she does not do do voluntarily, you could sue him or her for the money (such as in small claims court, acting as your own attorney [pro se] to save money). Double check what your lease says before acting--who pays for water? How? Etc. The landlord may charge you, and you have to pay, whatever the lease says--no more and no less.
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.