Legal Question in Landlord & Tenant Law in California
My landlord made an accounting mistake and undercharged me for rent 9 months ago, dispite my concern that it was not the correct amount. I paid the requested amount (which was given to me in writing) and they cashed the check, but now are trying to charge me for an additional months rent. I've paid all the rent to the end of the lease, but their ledger says otherwise. They let me take a copy of their ledger to find the mistake myself, because they claim they could not find anything. After all the stress of going through their accounting I myself found the mistake (they did indeed undercharge me 9 months ago), but it has caused me much emotional distress; and paying extra money I feel I am not responsible for will cause me financial hardship. Can they hold me financially responsible to pay the amount that would have been due 9 months ago?
2 Answers from Attorneys
In many ways I do not understand your posting. How could going through the financial records,. which had less than a dozen entries as to you cause you much emotional distress? You suspected you were paying less rent than you were supposed to so why did it come to you as a shock that they finally made the correction?
It is unclear from what you said, but I assume what happened was that you paid the lower rent for 9 months,and they are now trying to charge you the balance of what the rent should have been and what they were actually charging. You knew the amount they were charging might be wrong but did not look at your lease to see what the rent should be or your payments for prior months. I guess that you did not tell the landlord.
You originally made a contract where you agreed to pay a certain amount and they are entitled to receive that amount. Why do you feel you should not have to pay what you agreed to pay? They could try to impose a late charge against you.
A lease is a contract. A contract is enforceable for up to four years after a breach. Just because it was unintentional, doesn't mean you didn't breach the contract. They have up to four years to collect from you. If they are not asking for interest or late fees, be grateful and pay the money you agreed to pay.
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