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Old 02-12-2008, 12:56 AM
 
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My legal question is this: Were I not to sign an agreement on a new "fee" being imposed by management, on my rented apartment - I am 9 months into my 1 year rental agreement - what would happen and what rights would I and/or the landlord have thereafter?
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Old 02-12-2008, 01:18 AM
 
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Default Best to Check with a Local Lawyer for Legal Advice

I believe the best answer you can expect on City-Data is an opinion and/or anecdotal experience... you will need to contact a Lawyer in your area to answer specific legal questions...

In my experience, just about everything revolves around the language in your Rental Agreement and applicable Laws.

A lease is a contract that reduces each parties rights and responsibilities to a document. Modifications to a lease are voluntary, unless the lease provides otherwise... so I don't see how NOT agreeing to an additional fee would impact the remaining 3 months of your 1 years lease.

The Landlord is generally free to modify or impose new fees or higher rents effective after the term of the current lease expires and of course, you are free to move if an agreement cannot be reached.
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Old 02-12-2008, 10:13 AM
 
Location: Seattle, WA
1,368 posts, read 6,487,801 times
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Quote:
Originally Posted by Ultrarunner View Post
I believe the best answer you can expect on City-Data is an opinion and/or anecdotal experience... you will need to contact a Lawyer in your area to answer specific legal questions...

In my experience, just about everything revolves around the language in your Rental Agreement and applicable Laws.

A lease is a contract that reduces each parties rights and responsibilities to a document. Modifications to a lease are voluntary, unless the lease provides otherwise... so I don't see how NOT agreeing to an additional fee would impact the remaining 3 months of your 1 years lease.

The Landlord is generally free to modify or impose new fees or higher rents effective after the term of the current lease expires and of course, you are free to move if an agreement cannot be reached.
Ditto to what Ultra said. However, landlords in WA state are bound by certain requirements, and if you feel the rate hike is too steep, you are free to bring it up in civil court, and the burden of proof is then on the landlord to demonstrate the reasons for a rent hike. Things like, "I'm on an ARM and it spiked" are not valid.

Things like, "Rental prices in the area have continued to rise, and am adjusting to market value for this unit"

And I'm sure there are others. Go over your lease yourself, and if you feel that you can understand and defend it to at least your landlord, then do so.

If you don't think you can, might want to seek a landlord/tenant lawyer.

But the landlord cannot just make arbitrary rent hikes.
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Old 02-13-2008, 06:50 PM
 
Location: Maryland
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Of course I have to put my thoughts to this. In addition to the previous answers (of which I usually agree with the authors), here in Maryland, rents cannot be increased by more than 12% per year. There are laws on every aspect of renting, if you can find them. As far as an additional fee, I wouldn't agree to anything like that. Future expenses to the landlord should have been factored in the original rent.
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Old 02-15-2008, 06:54 PM
 
Location: Glen Burnie, Maryland
2,030 posts, read 4,523,491 times
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Quote:
Originally Posted by ESFP View Post
Of course I have to put my thoughts to this. In addition to the previous answers (of which I usually agree with the authors), here in Maryland, rents cannot be increased by more than 12% per year. There are laws on every aspect of renting, if you can find them. As far as an additional fee, I wouldn't agree to anything like that. Future expenses to the landlord should have been factored in the original rent.
ESFP, just curious where you found that information of 12% for Maryland. I couldn't find it anywhere when I did a search. Our rent went from $750 to $950, which is way over 12%.
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Old 02-15-2008, 07:59 PM
 
Location: Maryland
1,667 posts, read 9,353,219 times
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Quote:
Originally Posted by kjg1963 View Post
ESFP, just curious where you found that information of 12% for Maryland. I couldn't find it anywhere when I did a search. Our rent went from $750 to $950, which is way over 12%.
Hmmm, got me on that one. I searched and can't find it anywhere. This may had been a local law, as it appears that Maryland no longer has a rent ceiling. Just that a landlord can't increase rent during a contracted lease agreement, and must have 30 day's notice. Check Maryland Attorney General - Consumer Publications - Landlord and Tenants for some answers. I got my information from the city's law library at the courthouse about 10 years ago. Hope it still pertains, but the internet isn't helping. I'll keep looking. If I find the details, I'll pass it along. I'd better confirm some of my advise before posting, as I may be obsolete. Thanks!
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Old 02-15-2008, 09:25 PM
 
28,107 posts, read 63,374,410 times
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Default Don't feel too bad ESFP... the amount in my city changes every year.

Rent Increase Caps often change yearly or by statute.

My city publishes the max yearly increase allowed without going to the rent board.

There are many exceptions... Apartment Buildings built in the last 10 years are exempt, many single family homes are exempt and 1 to 4 unit buildings where the owner resides in one of the units are also exempt.

The best way is to contact you city to find up to date information...
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