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Old 08-07-2012, 10:01 AM
 
Location: Texas
304 posts, read 377,118 times
Reputation: 475

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I am moving out of state, and I have already signed a lease for my apartment complex. However, the complex is now saying that I owe additional fees that are not included in the lease and have never been communicated to me until after the lease was signed.

The lease states the following:

"You will be provided 2 apartment keys, 2 mailbox keys and 2 other access devices (card + remote)."

There is an addendum that states:

"If a remote control/card is lost, stolen or damaged, a $35 fee will be charged for replacement. If a remote/card is not returned or returned damaged when you move out, a $35 fee will be deducted from your security deposit."

After I signed the lease, the complex told me that I must pay $35 each just to get the remote and card. I mentioned that nowhere in the lease does it state that I have to pay for the access devices unless they are lost, stolen, not returned or damaged.

Yes, I know it is only $35, but I am more concerned that there will be additional fees added on throughout my lease. I want to continue to dispute this, but I would like to see what others think about the language in the lease. BTW, the lease has already started, but I have not officially moved in - which I will do later this week.

Thanks in advance for any feedback/help!
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Old 08-07-2012, 10:05 AM
 
Location: The Triad (NC)
23,868 posts, read 51,359,274 times
Reputation: 23699
Quote:
Originally Posted by gagirlatl View Post
The lease states the following:
"You will be provided 2 apartment keys, 2 mailbox keys and 2 other access devices (card + remote)."

There is an addendum that states:
"If a remote control/card is lost, stolen or damaged, a $35 fee will be charged for replacement. If a remote/card is not returned or returned damaged when you move out, a $35 fee will be deducted from your security deposit."

After I signed the lease, the complex told me that I must pay $35 each just to get the remote...
Thanks in advance for any feedback/help!
Don't take it. Hold their feet to the fire.
If the base deposit and rent money isn't enough... they need to adjust those.
Or change the CONTRACT language in the lease.

They can't have it both ways let alone add a third way at the last minute.
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Old 08-07-2012, 03:35 PM
 
Location: Seaford, Delaware
3,450 posts, read 15,720,115 times
Reputation: 2533
The wording of the lease prevails. I'm not a lawyer, I play one on the net. The lease states that you will be provided the remote. The lost fees are reasonable but as you said there is no where written that you pay up front, then you do not pay up front.
I have wording in my leases that mailbox keys cost to replace but do not charge up front for the key.
They need to change the wording of the lease if they want to charge for the remotes. It proably would take a court fight to get the remote without paying. Pay the fee and get a receipt stating the payment is for the remote. Keep it and expect a refund when you move out.
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Old 08-07-2012, 03:45 PM
 
1,603 posts, read 2,620,581 times
Reputation: 2221
Yeah, sounds like they haven't updated the lease. That is their fault not yours. I say they should, in good faith eat your fees and get their lease changed.

Now if they haven't signed the lease yet then they have every right to say sorry go live someplace else if you don't want to pay the fees. Just because you have signed doesn't make the lease complete. Otherwise I could just draw up any old contract, sign it then come to you and say "hey, I have a contract with you see, I signed it. It says you have to give a million dollars."

If you are on the fence about the place find another apartment. If you really like it then pay the fee and just document everything so you are not on the hook for missing keys/passes.
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Old 08-07-2012, 04:36 PM
 
Location: Texas
304 posts, read 377,118 times
Reputation: 475
Thanks for the feedback.

The lease has been signed/approved by both parties, so we are both bound by the current contract. Had I known all of this before the lease was signed, I would have looked elsewhere. However, it's too late to make any changes right now, and the lease is only for 6 months.

I will be traveling to my new home later this week, and I will be talking with them in person about this fee and the lease. I'll keep you posted.....and if I have to pay the fee, I will request a receipt and continue to pursue this issue.

Again, thanks!
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Old 08-07-2012, 05:00 PM
 
Location: The Triad (NC)
23,868 posts, read 51,359,274 times
Reputation: 23699
Bear in mind that how they handle this will indicate how they'll handle just about any conflict.
Professionally or like schemers.
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Old 08-07-2012, 05:01 PM
 
4,919 posts, read 17,934,843 times
Reputation: 6126
Quote:
Originally Posted by gagirlatl View Post
I'll keep you posted.....and if I have to pay the fee, I will request a receipt and continue to pursue this issue.
WHY?

The lease and addendum are specific, "YOU WILL BE PROVIDED" and "CHARGED FOR REPLACEMENT".

There is nothing anywhere (unless you missed it) that states you are to pay anything upfront in the lease or addendum. There is no "if I have to pay the fee"............
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Old 08-07-2012, 08:01 PM
 
Location: Texas
304 posts, read 377,118 times
Reputation: 475
Quote:
Originally Posted by PacificFlights View Post
WHY?

The lease and addendum are specific, "YOU WILL BE PROVIDED" and "CHARGED FOR REPLACEMENT".

There is nothing anywhere (unless you missed it) that states you are to pay anything upfront in the lease or addendum. There is no "if I have to pay the fee"............
I will fight it as much as I can, but I should note that I am driving over 700 miles on Thursday and all of my household contents will be arriving at the apartment complex on Friday. It's not like I can find another place to live at this point or spend several days debating this issue.

I will have at least two hours on Friday to argue my case - which I believe is as clear cut as they come. Plus, I will be contacting their corporate headquarters tomorrow via email (I called and left a message today but no one returned the call). I have tried to resolve this issue with the complex, but they are not willing to budge.
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Old 08-07-2012, 08:41 PM
 
23,800 posts, read 45,463,790 times
Reputation: 16527
I had something similar that came up at the last minute regarding a vacation rental.

I was very calm and professional, gathered the names of the parties involved with a witness, handed over a check with the notation "Paid Under Protest"

I told the person I handed the check to that it was nothing personal, but to expect having a small claims court date soon over the undisclosed $80 charge.

He got on the phone and miraculously, the problem disappeared.

I've found on more than one occasion, when you start taking names and making notes... people often have a change of heart.
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Old 08-08-2012, 11:03 AM
 
Location: North
740 posts, read 1,120,498 times
Reputation: 769
Quote:
Originally Posted by Ultrarunner View Post
I had something similar that came up at the last minute regarding a vacation rental.

I was very calm and professional, gathered the names of the parties involved with a witness, handed over a check with the notation "Paid Under Protest"

I told the person I handed the check to that it was nothing personal, but to expect having a small claims court date soon over the undisclosed $80 charge.

He got on the phone and miraculously, the problem disappeared.

I've found on more than one occasion, when you start taking names and making notes... people often have a change of heart.

Great advice. Take it.
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