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  1. #1
    Join Date
    Nov 2005
    Location
    Georgia
    Posts
    1

    Default Concession Clause Incorrect

    According to a paragraph in my lease it is stating that the concession fee will be charged if late for rent to make up for the DISCOUNTED rent rate. The market rent rate for that apartment is $999.00 and the concession fee is $190. That would mean the discounted rent rate i would be paying is $809. I am currently paying $829, which would mean a $20 overpay for the past 7 months. I think it is only fair to not only refund my $290 in late fees but to refund the $140 in rent i have overpaid the last few months. So, am i right to ask for my all my money back?! Seems to me like they messed up in the wording of the lease. The paragraph exceprt is as follows:

    "To the lease dated 1024(This is not a date but an apartment number) by and between ------ as lessee and -------- as lessor it is hereby agreed that he/she shall be entitled $190 complimentary rent on apartment ----- for the period May 9,2005 - April 8, 2006. Providing rent is paid on or before the first day of each month.( The late fee clause states rent is late after the 3rd not the 1st)"

    Seems to me like this would make this lease null and void for charging me an incorrect rate at their knowledge. They also charged me a NSF fee at one point for a bounced rent check. They charged me $50 and according to state law the maximum is $25 or 5% of the check amount. 5% would have been 44.50, doesn't this mean they broke the law. Also, can i get out of this lease for these little mistakes. Any help would be appreicated thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Breaking Lease

    It sounds like, if anything, a mutual mistake - you both believed the rent to be one figure, and acted accordingly, when it might in fact be slightly different under the terms of the lease. If in fact you overpaid your rent, you should get credit for any overpayment. You may wish to have the lease reviewed by a local real estate lawyer.

    Beyond that, I don't know how or why the late fees were assessed.

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