Can I break my lease due to being over charged?
3 attorney answers
No you cannot just break the lease. You pay the amount in the lease period. If they try to evict then you defend based on your lease and you will need a lawyer
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If you have a written lease for a specific term, signed by your LL, they can ONLY charge you the amount of rent stated in that Lease.
And no, YOU cannot "move out" - you must pay the stated amount.Of course if you are paying your rent LATE, they can also assess LATE charges, etc.
If you need a more thorough analysis, consult with a good local areal estate attorney.
Hope this helps.
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You would need to have your lease reviewed by a real estate attorney to give you advice. Before meeting with the attorney, it would be helpful if you could obtain an account ledger that shows how much you have paid each month. You should also bring in copies of the cancelled checks or any receipts you have received from the landlord for payments you made. This is all evidence that you would eventually need to produce to prove the allegations of over charging, so you might as well gather it now. This likely will not give you the right to move out, but you may have a case to either get back whatever you overpaid or have it credited against future rent. Depending on how the lease is written, if you prevail in court, the landlord may be required to pay your attorney's fees as well.