Real Estate Law (esp. Landlord-Tenant)/Landlord was untruthful about what utilities I would be paying for.
I moved into my apartment on November 13th 2012.My landlord told me the whole apartment was electric, electric water, electric heat. So I moved in. In the middle of December it starting getting cold enough to turn the heat on. I turned the heat on for a whole day while at work only to come home and find my house cold. I called my landlord and he told me "Yeah maybe we never got it switched over to electric like all the other apartments in the building." So I was forced to get the gas on. The gas bill has been running around 100.00 a month which is 100 more dollars than I budgeted for. My apartment is already not the cheapest in rent so I am very unhappy to have the extra bill.
I checked my lease to see what it said about utilities because I thought about up and moving out right away because he lied to me. The lease claims: "Tenant is in charge of all utilities except water, sewage and trash." Which basically puts me in a very bad place. Although he lied and told me the entire apartment was electric and I was told the only thing I would have to pay was electric
So basically I want to know what my rights are if I were to move out and he takes me court. Would it be my word against his and how would this case most likely end?
Generally, the written terms will control unless you can show (prove) that there was an oral agreement to the contrary. You might want to send the landlord a letter, in writing, explaining the situation and outlining the terms of the oral agreement.
For more information on Indiana landlord/tenant law, please refer to this link: http://www.in.gov/legislative/ic/code/title32/ar31
Hope this helps.
Attorney at Law
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