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The owners at the apartment complex I've rented for the last several years installed a card-based locking system on the gates around the property. However, they are now charging $25 per keycard. I called to verify and this is a charge, not a deposit. I know this is *only* $25, but it is frustrating that they are installing this new system and charging me to access my own apartment. And it makes me concerned about other new "improvements" they can charge me for without me agreeing to changed terms of the lease.
Aside from being (in my opinion) a shady thing to do, is this legally sketchy or is this generally something that landlords have a right to do? The way I see it, they are violating the lease by charging a fee for me to access my apartment. I am in New Mexico and have looked through the landlord-tenants relations page at nmbar.org and nothing seems to cover this. Any thoughts?
It would seem to me that this is in effect a lease change and that they can't legally charge you until a new lease goes into effect when your current term ends. But I'm not a lawyer. If nobody else has any experience with this I'd get a legal opinion. For something like this you could even get a legal opinion for a minimum fee on the internet - or you could contact Legal Aid in your area and if they can't advise you directly they can probably link you with a local attorney who won't charge you an arm and a leg. I'd be curious to know what you find out. Good luck!
If you have a lease any additional charges other than ones you cause should be addressed when you sign a new lease unless somewhere in the small print the lease you have now.allows it.I think 25 bucks for additional security is worth it.
If you have a lease any additional charges other than ones you cause should be addressed when you sign a new lease unless somewhere in the small print the lease you have now.allows it.I think 25 bucks for additional security is worth it.
I agree it's absolutely worth it - it's just one of those "principle" things.
I think they're wrong (and tacky) to charge you. But I'd probably just pay the $25 rather than make a big deal about it. It wouldn't be worth the aggravation to fight it, so I'd mentally file the fee under "Life's too short..."
It looks like NM law says a landlord can't charge you a fee for something when it's really a deposit. For instance, they can't charge you a cleaning fee, if you leave the place clean (even if it's in the lease). Because then the landlord is not giving you something in return for the fee. If you leave the place clean, you get the "fee" back, as well as your deposit.
So, I'd write them a letter with your $25 check, telling them that you just want it to be clear that you consider this a deposit that you will be refunded when you turn in your key when you move out. If they argue the point, then you can pull out the law.
I cut and pasted the relevant section from the above website here:
"A fee, however, is different. It is a charge for something the landlord does for the tenant or for the tenants generally. A landlord, for example, may charge an "application fee" when someone applies for an apartment. This fee is supposed to cover the landlord's costs in doing credit and background checks and other investigations to determine whether the tenant is an acceptable renter. Even if the tenant decides not to take the apartment, the tenant will not necessarily be entitled to the return of the fee, unless the tenant can convince a court that the fee is wholly unreasonable given the landlord's actual costs.
Sometimes, landlords will call something a fee that is really a deposit. The most common example is a "cleaning fee" to cover costs of making the apartment ready for the next renter after the tenant leaves. This is really a deposit, because if the tenant cleans the place before moving out, the landlord will not have performed any service to earn the “fee.” When the tenant moves out, the tenant should treat the cleaning fee as a damage deposit. If it is not returned to the tenant, follow the guidelines on "damage deposits" in the next chapter."
Wow, all, thanks for your help, especially the additional research! I agree that the $25 is primarily a problem as a matter of principle as opposed so egregious as to necessitate legal action, so I will pay it, if a bit grumpily. I'll still plan to talk with them about it next week, if only to clarify *their* stance on what constitutes a fee vs deposit fur future reference!
The owners at the apartment complex I've rented for the last several years installed a card-based locking system on the gates around the property. However, they are now charging $25 per keycard. I called to verify and this is a charge, not a deposit. I know this is *only* $25, but it is frustrating that they are installing this new system and charging me to access my own apartment. And it makes me concerned about other new "improvements" they can charge me for without me agreeing to changed terms of the lease.
Aside from being (in my opinion) a shady thing to do, is this legally sketchy or is this generally something that landlords have a right to do? The way I see it, they are violating the lease by charging a fee for me to access my apartment. I am in New Mexico and have looked through the landlord-tenants relations page at nmbar.org and nothing seems to cover this. Any thoughts?
Perhaps the 'land lord" should have grandfathered in old tenants until their lease renews. Charged new tenants the $25 and eaten the rest.
Was this a "surprise!" to you? Or did you have notice and an option to break your lease over $25? What does your lease say about upgrading security and tenant responsibility for payment of such, while enjoying such upgrades? Anything?
Would you move if that extra $25 was in writing when you renew your lease?
The apartments where I live, a nice safe low crime neighborhood and the landlord installed security gates which I never asked for nor wanted in the first place have just been installed. Letters were taped to our doors stating we need to pick up remote controls and/or phone apps at the office with a $50- deposit for each. Do I need a lawyer or just a dictionary? Look up [Extortion]
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