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My landlord overcharging

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Joethegriffin

New member
Hello! I live in Indiana and I’ve had many problems with this landlord, but the most recent one is the main problem. So a while now our landlord has been overcharging us compared to our lease. They have even posted “You have this many days until we will file for eviction.” We have told them many times what our rent is and they still expect us to pay. Is it possible to go to court to get this lease abolished?
Thank you.
 


Just Blue

Senior Member
Hello! I live in Indiana and I’ve had many problems with this landlord, but the most recent one is the main problem. So a while now our landlord has been overcharging us compared to our lease. They have even posted “You have this many days until we will file for eviction.” We have told them many times what our rent is and they still expect us to pay. Is it possible to go to court to get this lease abolished?
Thank you.
Are you paying on time? If not...does you lease state anything about late fees?
 

Joethegriffin

New member
Are you paying on time? If not...does you lease state anything about late fees?
We were paying on time until they decided to overcharge us. We never paid them what the difference was. We did pay the late fees even though it wouldn’t have been actually late.
 

Zigner

Senior Member, Non-Attorney
What do you mean by they are "overcharging" you? When did they notify you of the increase? When did you sign the lease? Does the lease contain any rent increase clause?
 

Joethegriffin

New member
What do you mean by they are "overcharging" you? When did they notify you of the increase? When did you sign the lease? Does the lease contain any rent increase clause?
Our lease says $949 and they are trying to charge us $999. They never notified us. In the lease it says they can only increase it if we choose to renew the lease. They’ve been trying to charge us $999 since the second month. We signed in August.
 

FarmerJ

Senior Member
carefully re read the lease and as long as the lease does not grant the LL the ability to increase the rent or change any other terms of the lease mid lease then AS long as the lease itself says 949.00 stop paying more than 949.00 and make another copy of the lease , high light the listed amount and add in a short letter that tells them you made a mistake when you had paid what they said you owed and you have re read the lease and you expect them to follow the original listed amount or you will be your looking forward to them explaining to a judge why the lease copy you hold saying 949.00 is in error. sign , make a extra copy and sent via certified mail.
 

quincy

Senior Member
Our lease says $949 and they are trying to charge us $999. They never notified us. In the lease it says they can only increase it if we choose to renew the lease. They’ve been trying to charge us $999 since the second month. We signed in August.
Could the $999 include your rent ($949) plus costs for trash service, water/sewer service, pet fee, or other?
 

LdiJ

Senior Member
Interesting. No source?
Why would there be a source? Are you assuming that there are laws out there, in any state, that govern whether or not landlords include water/sewer and trash in the rent? Are you assuming that something that ordinary would be regulated? Water/Sewer and trash costs in Indiana are not particularly high on a relative basis, which is why apartments are generally not metered to separate them by unit.

I know that. I have known it since I was old enough to rent my first apartment. I am not going to go try to find something that proves it to you, because its ridiculous that you are even questioning it.
 

not2cleverRed

Obvious Observer
Only that I have lived in Indiana for almost 60 years. Extra charges for water/sewer and trash are not the norm.
"The norm" is not what's relevant.

The LL is only required to abide by the law, and if the law does not preclude such things, then it is legal.
 

quincy

Senior Member
Why would there be a source? Are you assuming that there are laws out there, in any state, that govern whether or not landlords include water/sewer and trash in the rent? Are you assuming that something that ordinary would be regulated? Water/Sewer and trash costs in Indiana are not particularly high on a relative basis, which is why apartments are generally not metered to separate them by unit.

I know that. I have known it since I was old enough to rent my first apartment. I am not going to go try to find something that proves it to you, because its ridiculous that you are even questioning it.
When you use words like "norm," you should have something that shows it's the norm. Otherwise, it is merely a guess on your part, based on your own limited personal experience with a landlord or two.
 

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