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We entered a lease in the middle of August that stated we would be responsible for rent, trash and flat rate water ($39) for the twelve month term of the lease. Late last month, they sent out a notice that they were adding a new "Administration Fee" because they had to contract with a company called NWS Services Corporation.
I contacted my leasing agent to inquire about these new charges and whether they were required. He said it was definitely required, and that their parent company notified them that all residents on flat rate water were to be switched to metered water, which was the reason for NWS Services Corporation's detailed billing.
My question is whether this would constitute a breach in the lease contract (since it changes dollar amounts listed on page 1 of the lease, which paragraph 10 of the lease prohibits). If so, do I have the right to give a 30 day notice that I am vacating? I live in TN if that helps any. Also, the flat rate water was a major factor to us deciding to sign a lease here because we have a disabled daughter that will stay in diapers, so we cloth diaper her. This requires lots of loads in the washer (high water use).
The changes cannot take effect until the present lease is expired and a new lease drawn up with the new terms. Just inform the LL and or property management that you have a lease with binding terms and you will continue with those terms for the length of the lease.
Well, we got the notice on the 21st of September saying it would be going into effect for the month of October. We spoke with our leasing agent and he told us about the flat-rate to metered water change and that the new fee was required. When we told him that we didn't feel that they could legally make the changes 2 months into a 12 month lease, he said that the parent company made the decision to make the changes, and there was nothing that the property management company could do about it, so he was "sorry."
I gave them written notice of my objections and that I would not be paying any amount different than agree'd upon in the lease, and they called me later that day informing me that if the amount of the new metered water and administration fee exceeds what I pay, they would be sending the difference to collections if I refuse to pay it.
Because of this, we went on the search, and subsequently found housing elsewhere, and I just want to make sure that I can give them 30 days notice in writing and vacate since they are trying to force the changes regardless of my objections. The lease states that 60 day notice is required, but it is my understanding that by them forcing these changes, even with my objecting, they are the ones breaking the lease, not me, and 30 days should be sufficient?
Check the local/state laws for your area on lease violations and remedies. You could file in JP court in Texas and the LL would be responsible for court costs if you win. Your state, if not Texas, could be different. Check before you leap. You need to do it right.
Well, we got the notice on the 21st of September saying it would be going into effect for the month of October. We spoke with our leasing agent and he told us about the flat-rate to metered water change and that the new fee was required. When we told him that we didn't feel that they could legally make the changes 2 months into a 12 month lease, he said that the parent company made the decision to make the changes, and there was nothing that the property management company could do about it, so he was "sorry."
I gave them written notice of my objections and that I would not be paying any amount different than agree'd upon in the lease, and they called me later that day informing me that if the amount of the new metered water and administration fee exceeds what I pay, they would be sending the difference to collections if I refuse to pay it.
Because of this, we went on the search, and subsequently found housing elsewhere, and I just want to make sure that I can give them 30 days notice in writing and vacate since they are trying to force the changes regardless of my objections. The lease states that 60 day notice is required, but it is my understanding that by them forcing these changes, even with my objecting, they are the ones breaking the lease, not me, and 30 days should be sufficient?
I am not sure you can break the lease. It is for sure that you don't have to pay it....however they may have to take some kind of action to have the lease voided, not just threats....Depending on how much is at stake I would see an attorney. Perhaps pay an attorney one or two hundred bucks to write a strongly worded letter for you.
Read your lease, does it say anything baout what happens if going from flat rate to metered? Read your LL-Tenat code. Does it have anything baout changes based on flat rate to meter?
If your code says they can do this or if it says they must do it a certain way, or it must be in the lease ahead of time, that tells you what can and can not be done. If the code lets it happen (even with conditions) and its covered in the sign lease, and they are following both, you have your answer.
Read your lease, does it say anything baout what happens if going from flat rate to metered? Read your LL-Tenat code. Does it have anything baout changes based on flat rate to meter?
If your code says they can do this or if it says they must do it a certain way, or it must be in the lease ahead of time, that tells you what can and can not be done. If the code lets it happen (even with conditions) and its covered in the sign lease, and they are following both, you have your answer.
I have read through the entire code and have found nothing that gives them the right to do it, or even how they would be allowed to do it. Additionally, there is nothing in the lease that would allow them to make the changes either.
I am likely going to get legal representation sometime this week, I just wanted to make sure I wasn't completely off base on my assumptions that they seem to be in the wrong. I have read several posts here where people's reasoning is flawed in order for them to justify themselves, and I wanted to make sure I wasn't doing the same thing here. It seems most people that have posted here seem to share my belief that the LL shouldn't be allowed to do what they are doing, so it seems like a reasonable gamble to get a lawyer involved at this stage. I know the change in amounts that would come from these changes to the lease aren't massive, but if I let them walk all over me over something smaller like this, where will they stop? My comfort in working with this company has completely disappeared, and I really would rather not have to interact with them in the future, if a lawyer tells me that is an option. Thank you guys for sharing your thoughts.
Some cities have low cost or free legal aid for renters... might be an option?
I think a short letter from an Attorney would do two things... put them on notice and may quash the matter.
Good Luck
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