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Quick background... I live in a college apartment complex that is not affliated with the school (the company that owns this complex owns several more around the country, so they're not small).
On Sunday night my neighbors had a small party and there is a 'game' that is sometimes played of "hey, let's throw our beers off the 3rd story and try to get them into a hole in the ground." Stupid game, I know. Well, on Monday afternoon everybody on that side of the building (6 rooms - 3 stories with 2 rooms on each side) received a $100 fine per room ($25 per person, 4 people in each room). The 1st and 2nd stories went to talk to management who said it was from the 3rd floor. When I went down there later that day after class with one of my roommates, we told the manager that we were in bed early that night for class the next day and had nothing to do with the beers. He said it wasn't the first time (it isn't, has happened quite a bit) and that he'll have to finish talking to everyone.
Well, I went down the next day to get a package and saw him... asked if everything was fine, he laughed and proceeded into the next room. Came out and said there would be a new notice posted that day. There was.... the fine went from $100 per room to $300 per room ($75 per person), but only the 3rd floor received the fine.
Is this legal? The contract I signed did state that trash outside my apartment is subject to a maximum of a $100 fine. But this trash was not outside my apartment, it was outside the building on the first floor. Granted 2 floors said that the 3rd floor did it, but no names were reported. Can they legally fine me even though there is no proof I was involved? I didn't even throw the beers, I was in bed!
I leave in 21 days, at the end of July thankfully. But I don't want to have a collections agency calling me and eventually possibly mess my credit up. Going back to the office tomorrow to talk to him again, but from the law I do know, I don't think this is legal?
Read your lease and see what it says about fines, but I believe (someone correct me, please!) all they have to do is post a notice giving everyone a 30 day heads up. I just re-read your post about what your lease says. If it's outside your building (on your side of the building) then yes, you can be held responsible unless the offenders take full blame.
We recently went to parking stickers....the sign up for 30 days and everyone had 60 to comply. After that your car was towed if you didn't go to the office and get a guest pass and resident pass.
Our lease clearly addresses trash, be it bags left outside the front door, trash left after a move out, trash left beside the dumpster, trash left in the yard or common area from a party, the tenant (s) will be fined for it's removal. Why shouldnt' they?
I have to say that if they have no proof who did it, I'm not sure how they can really make anyone pay the fine? This sounds about like the old elementary school trick of the teacher making everyone stay in their seats until someone admits what they did.
Our lease clearly addresses trash, be it bags left outside the front door, trash left after a move out, trash left beside the dumpster, trash left in the yard or common area from a party, the tenant (s) will be fined for it's removal. Why shouldnt' they?
And that's basically what my lease states too. However, the trash was not outside my door... it was outside the building on the first 1st floor (I live on the 3rd). Other than some residents saying it's coming from the 3rd floor (two rooms), they have no proof who did it.. so how can they fine any tenant?
Sherifftruman, That's what I was thinking - when I first went to talk to him and he was basically asking who it was. The second encounter when I went to get a package basically said that our apartment had to spit out names of whoever did it. I believe he's basically bluffing with the fine unless he can get actual names - trying to scare college students by threatening with a large fine (for us... we're all broke) in order to fine the people who did it. Well, I was sleeping - I don't know who it was!
It's a good way to keep people from doing stuff like this. Live and learn or have the responsible parties fess up. There's one guy in our complex that leaves open wrappers of stuff just lay where he happens to open them, outside or in the hallways.. he's puked in the hallway when drunk, messed up the laundry room dumping the canister of dryer lint all over the place, among other things.. I'd like to kick his ass. I should. But they cannot 'prove' who did it. Some people just think it's 'manly' to be pigs.
I would go to whatever department is in charge of the apartments, tell them the story, and keep moving up the ladder and being the squeaky wheel until you find someone who will remove the fine. It will help if you and all 3 roommates can go together with the same story. It's easier to remove the fine than deal with 4 complaining students and 8 complaining parents! Unfortunately, university-owned apartment complexes can do pretty much whatever they want.
Liquidated damages are normally only allowed when both parties to the contract agree that it would be impossible to assess actual damages. Here, the landlord would have a pretty tough case to make to a judge that it would cost him $300 to clean up the beer cans.
The city fined me for trash that was dumped on the street/curb in front of a property I own... city regulations hold property owner responsible for trash in the public right in front of private property... even when the trash is on city property.
Thing is I filed a police report early that morning the the same day the trash was dumped... Code enforcement arrived in the afternoon to take picture and issue the violation.
A copy of my Police report was enough to cancel the fine from Code Enforcement.
Did anyone in your apartment complain to management at the time?
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