Condo move-OUT fee?! wtf?! (apartment, foreclosed, renters)

[s0nginmyheart]

So, last year we found and rented a condo via one of the apartment rental agencies. The condo's management enforced a non-refundable move-in fee of $250 (which they claim were for processing, and mailbox "tags" which we never received)... We have been thinking about moving out and now, they are saying there is also a $250 move-OUT fee that is non-refundable. Is this common???

I reviewed all of our paperwork with the apartment rental agency, our lease with the condo owner, etc... The rental agency paperwork only stated the following needed: security deposit, $250 move-in fee (non refundable), and $250 "elevator" fee (refundable) and mentions nothing about a move-out fee. There is also no language in our Lease that mentions a move-out fee.

Can the management company enforce the move-out fee? They claim they need to have the move-out fee for paperwork and mailbox reasons again, I think. They have been, for the most part, less than pleasant to deal with over the past year.

The only reason we found out about the move-out fee is because we were thinking about moving to a different unit in the same building, and management said that we'd be charged a move-in fee (again) and a move-out fee when we move from the building. ugh.

Can anyone chime in with some advice or insight? Thanks---

[Cuito]

Most condo associations do not like having renters. Renters comprise a different social element and they move in and out more frequently than buyers, potentially causing damage to the hallways, elevator, etc.

However, if you never signed anything agreeing to a move out fee you don't need to pay it. If the condo association created a rule about this, after you moved in, they may be able to enforce it against the unit owner but not you.

[s0nginmyheart]

Thanks for the reply... maybe I should clarify... management charges an elevator fee for $250, which is refundable. This is a deposit in case anything is damaged in the process of moving in or out. In addition to that, they want to charge the non-refundable $250 move-out fee... which they claim is for processing and mailbox-related issues... which doesn't seem logical to me. But I know they just want to collect this for their (condo assoc/management's) own revenue... I just want to know if there is anyway they can enforce this if it isn't anywhere on my lease

[Avengerfire]

Originally Posted by s0nginmyheart

...I just want to know if there is anyway they can enforce this if it isn't anywhere on my lease

In my opinion no.

[Cuito]

They can't enforce that. I would handle this by asking them to show you where in the lease documents the move out fee is stipulated. Assuming that they can't find such a clause just calmly tell them that the law doesn't let the association create new fees for you after the lease was signed.

But to be clear, did you sign your lease with the unit owner? I'm asking because recently I've heard of foreclosed or abandoned units being leased out directly by the assoc.

[s0nginmyheart]

Our lease is direct with the condo owner, and was drafted up by the third-party rental agency we used

[snoylekim]

Check the lease for a clause that states something to the effect of following all association bylaws and rules , etc ... usually in there someplace .. Anyone renting a condo unit should be provided a copy of the rules and regs for just this reason; if not, there could be unpleasant surprises for the rentor or the owner/landlord .

"elevator" or move-in/move-out fees are common; they're assessed to defray the wear and tear and minor damages incurred .. Some developments will/can actually assess these for large furniture or appliance deliveries .

These don't happen with every move, but more often than not there are dinged walls, etc ... If you don't pay, the building might not lock off the elevator for your benefit, or allow access to the loading dock , etc. making the move a true hassle .. 250.00 seems a bit high ... ones I've heard range between 75.00 and 100.00 ..also be sure they're not confusing a refundable deposit with a true fee you won't get back .. Not sure if complaining to your landlord ( a unit owner) might get them to discuss with the management /association if it's really a hardship .. Good Luck ..

[soulful]

As you are aware, your lease is with the landlord. It is unlikely the condo management co. will schedule the move until the fee is paid (since it sounds like a large building). Ask the manager when the condo association enacted the fee. If the fee was in place prior to your move-in, I would approach your landlord and advise the landlord that you feel he/she should pay the fee since they did not advise you prior to your move in or at the time of signing your original lease (as they did spell out the other fees that would apply to your moves).

[s0nginmyheart]

OK, so I looked into our lease more, and there is language in there under "Use of Premises"... "Lessee's use and occupancy of the Premises is subject at all times to the terms and provisions, covenants and restrictions of the Declaration of Condominium Ownership covering the Building and all applicable rules, regulations and By-Laws of the Condominium Association...." etc...

However, we never received a copy of the by-laws...

Under Additional Covenants and Agreements, it lists all the fees that we had expected:
$50 key fob deposit
Lessees pay move-in fee of $250, non refundable
Lessor pays $250 elevator deposit, refundable

but NO mention of a MOVE-OUT fee...

[soulful]

Under the circumstances, I think your landlord should pay the fee. The landlord did not list this item under Additional Covenants and Agreements and it was obviously a fee that you would encounter (as there was no expectation that you live in the condo the balance of your life