If we’ve been paying the water bill but our lease state it’s landlord responsblity, can we get our money back?

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If we’ve been paying the water bill but our lease state it’s landlord responsblity, can we get our money back?

Our landlord told us that we were responsible for it, so we had it put in our name. However, we got into an argument over a late fee and then reviewed the lease. It was at that point we realized the error. We asked to have the monies paid credited back towards our rent next month but our landlord says that since we paid it it became our responsibility and he doesn’t owe us anything.

Asked on June 25, 2012 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you write, the landlord is wrong. A lease is a contract; its terms are enforceable. If the lease makes the landlord responsible for paying the water bill, he has to pay it--period. He should either return the money or provide a rental credit. If he will not, you could sue him to recover the money.


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