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tomtipi · Jan 5, 2011, 02:00 PM

West Palm Beach, FL
My husband and I moved into our apartment July 1, 2010 and signed a 13 month lease. Our rent is $930.00 plus $50.00 for water (flate rate); totaling $980.00 monthly. Last month our landlord sent out a notice stating that they are separating the water bill from rent and going to meters. We received a bill Jan. 1, 2011 for rent, water, sewage, storm drain, and a processing fee; totaling $994.00. My husband refuses to pay the extra and handed in our agreed amount. Can the landlord change our written lease agreement by simply sending out a notice? My husband and I would have not moved into this complex if we were going to have flex rent and water bills.
Any advice is appreciated! Thank you.

excon · Jan 5, 2011, 02:10 PM

Originally Posted by tomtipi

Can the landlord change our written agreement by simply sending out a notice? Any advice is appreciated!

Hello tom:

No, they can't do that... I would follow up the last payment your husband made with a certified letter, sent return receipt requested, informing your landlord of your written agreement, and the obligations thereunder, and that you are going to hold them to it.

excon

ballengerb1 · Jan 5, 2011, 03:29 PM

I agree with EX, your lease can only be amended if you both agree.

tomtipi · Jan 5, 2011, 05:56 PM

Thanks, Ex and Bal, for responding. I guess the ball is in their court until we get a notice on our door to pay up the difference. Then we'll have to take further action.

Ti

Fr_Chuck · Jan 5, 2011, 07:17 PM

I will agree, unless there is some clause on utilities, they can not change any part of it , without your agreement. They will have to wait till the lease expires to change the agreement.

You do need to write them and explain that your current lease is in effect ( let them know you know) and that you will be glad to discuss the new rates when the new lease comes due, But will only be paying the amount stated in the lease. *** keep a copy for your records, for proof in court if it goes that far.

tomtipi · Jan 6, 2011, 08:22 AM

Thank you, Fr_Chuck. I am going to re-read the lease agreement to verify any clauses. I also have been looking through the Florida laws to find more information.
Ti