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My lease has a clause that states, "Tenant shall be responsible for the first $300 of any and each separate service call, maintenance, repair, trip charge and/or vendor fees, regardless of the cause or if a code violation."
My lease has a clause that states,
"Tenant shall be responsible for the first $300 of any and each separate service call,
maintenance, repair, trip charge and/or vendor fees, regardless of the cause or if a code violation."
I didn't think so. Do you happen to know where I can find the statute to fight this?
Try Googling your state tenant LL laws and look for the sections specifically about repairs and maintenance. Your LL cannot charge you for repairs unless negligence on your part caused the issue (ie sticking paper towels down your toilet and clogging it, throwing something through your windows, etc...)
Check it out carefully. We got "trapped" into a similar clause in our lease. When the furnace circuit board went out after 5 years of us renting the same house, our LL demanded we pay the first $100 for repairs because it was stated in our lease.
My lease has a clause that states, "Tenant shall be responsible for the first $300 of any and each separate service call, maintenance, repair, trip charge and/or vendor fees, regardless of the cause or if a code violation."
Is this legal?
It may vary by state, but every lease I have seen has a clause that repairs under $_____ are to paid by tenants. Most of the figures I have seen are $75 to $100. $300 sounds rather high. It also has to do with what the repairs are. If they are related to the place being habitable (water, etc.) I am under the impression the landlord is responsible. That clause about paying for a code violation does not sound right, as the landlord will get the violation--not the renter.
I would not sign a lease holding renters responsible for that percentage of a repair. There may be an issue that is important to you but the landlord doesn't agree a repair needs to be made.
I have been researching the issue all morning. I found this information "The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building, and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay." Here: Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS
Which appears to completely contradict this clause in the lease: "Tenant shall be responsible for the first $300 of any and each separate service call, maintenance, repair, trip charge and/or vendor fees, regardless of the cause or if a code violation."
Also I was very pressured into signing the lease quickly without time to truly read over it as per these emails from the leasing agent:
Upon receipt of lease and funds I will immediately take the property off the market and return an executed lease.
If we can do this no later than tomorrow morning I will arrange keys tomorrow (no one is at the office until jan 2nd)
Please email/fax everything back to me ASAP, but no later than 5pm December 31st, 2013. (this is important as there are other applicants I am stalling).
Any suggestions on if I have any recourse? My lease is up in January. We really love the house, the neighborhood, and school system. Any advice on options for having this clause excluded before signing a new lease? I will move before agreeing to this again.
I have been researching the issue all morning. I found this information "The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building, and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay." Here: Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS
Which appears to completely contradict this clause in the lease: "Tenant shall be responsible for the first $300 of any and each separate service call, maintenance, repair, trip charge and/or vendor fees, regardless of the cause or if a code violation."
Also I was very pressured into signing the lease quickly without time to truly read over it as per these emails from the leasing agent:
Upon receipt of lease and funds I will immediately take the property off the market and return an executed lease.
If we can do this no later than tomorrow morning I will arrange keys tomorrow (no one is at the office until jan 2nd)
Please email/fax everything back to me ASAP, but no later than 5pm December 31st, 2013. (this is important as there are other applicants I am stalling).
Any suggestions on if I have any recourse? My lease is up in January. We really love the house, the neighborhood, and school system. Any advice on options for having this clause excluded before signing a new lease? I will move before agreeing to this again.
In all the residential and commercial leases I've dealt with, costs of structural repairs and habitability repairs are always on the LL. In my opinion the clause in your lease is too all-encompassing and legally unenforceable.
As far as your being "pressured" into signing the lease, that's on you for obvious reasons. You don't sign any contract until you've looked it over carefully. Now you've signed the lease agreeing to its terms - but has the question of repairs actually come up yet or are you just looking to the future and that possibility? If it does come up and you feel it's unreasonable to pay whatever, then you should seek legal advice if your LL doesn't budge.
If all goes well and you decide to renew then of course you can bring up that clause and ask that it be amended as a condition of renewal. Good luck.
I understand allowing myself to be pressured is on me. I was incredibly stupid but we were living in a hotel room and I needed to get my family out of there.
The question of repairs came up this morning when I notified the leasing agent of an issue with the AC. I think I have resolved the issue by cleaning the condensation pipe but I am concerned about future issues. As long as nothing else goes wrong until my lease is up in Jan., then I would hope I have some negotiating power as we have been great renters, i.e. no complaints, always pay on time, take good care of the home.
it sounds like a deductible, like with car insurance.
whether it is legal or not, if you signed the lease, then you basically agreed to it.
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