Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have a signed lease that states my rent is $680 for my student apt. Before moving in the apartment was changed and the new rent became $50 more per mo. I paid this, but never signed an adendum to the original lease - this is my first apt rental. Do I have any recourse to ask for the $50/mo back (now totaling $250) since the amount was never part of my lease or because I paid it, does it mean implied acceptance and binding. They are charging me a break lease fee and I'm trying to get them to come down on the amount. I feel I was taken advantage of since I'm young.

Answer: This is a somewhat complicated situation because the details of who said what and what happened when will impact what your rights and responsibilities are. We cannot give legal advice here, but the fact that you paid the additional rent requested in order to live in a more expensive unit could indeed override the original lease, if your subsequent dealings with the landlord created a new rental agreement. Without being able to say for certain whether a new (unwritten) rental agreement was formed, it is impossible to say what your recourse may be. There is an argument to be made, though, so a person in your situation might well attempt to negotiate on that basis.

QUESTIONS

  • I have a signed lease that states my rent is $680 for my student apt. Before moving in the apartment was changed and the new rent became $50 more per mo. I paid this, but never signed an adendum to the original lease - this is my first apt rental. Do I have any recourse to ask for the $50/mo back (now totaling $250) since the amount was never part of my lease or because I paid it, does it mean implied acceptance and binding. They are charging me a break lease fee and I'm trying to get them to come down on the amount. I feel I was taken advantage of since I'm young.

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