If my lease states that base rent is $825 a month but I’ve been paying $875 for a $50 water fee, is that legal if the fee is not stated in my lease?

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If my lease states that base rent is $825 a month but I’ve been paying $875 for a $50 water fee, is that legal if the fee is not stated in my lease?

The water fee is not listed in the signed lease. Does my landlord owe me the difference in rent I have been paying all this time?

Asked on June 19, 2015 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the lease does not say that you have to pay for the water, then no, you should not have to pay for it--and therefore, the landlord should return it. If he or she does not do do voluntarily, you could sue him or her for the money (such as in small claims court, acting as your own attorney [pro se] to save money). Double check what your lease says before acting--who pays for water? How? Etc. The landlord may charge you, and you have to pay, whatever the lease says--no more and no less.


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