If our apartment complex over charged us on our monthly rent, what areour legal rights?

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If our apartment complex over charged us on our monthly rent, what areour legal rights?

Charged more than is stated in our lease. Is this a breach of contract?

Asked on November 8, 2010 under Real Estate Law, Alaska

Answers:

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

Answered 10 years ago | Contributor

So the monthly rent in the lease is less than he told you to pay each month?  May I ask: did you not read your lease when you signed it and know the amount that you negotiated to pay?  If he overcharged you on the rent then you can sue him for the back rent you paid.  Yes, it is technically a breach of contract as the agreed upon amount was not the amount paid.  But I am curious as to how he will explain the over payment to the court: added rent?  See if the lease has a provision with that term in it.  It generally means that certain fees are added to the rent for various reasons: latenss, etc.  Good luck.


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