Apartment Fee

Discussion in 'Horn Depot' started by SeamusMcBundy, Oct 3, 2012.

  1. SeamusMcBundy

    SeamusMcBundy < 25 Posts

    This is more out of bordom than a sincere concern. I am trying to find out if I will be required to sign an addendum so that my apartment can charge for door to door service. I read my lease and here are the main paragraphs I am looking at...

    15. RENT INCREASES AND LEASE CONTRACT CHANGES.

    No rent increases or Lease Contract changes are allowed before the initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10, by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules allowed under paragraph 18. If, at least 5 days before the advance notice deadline referred to in paragraph 3, we give you written notice of rent increases or Lease Contract changes effective when the Lease Contract term or renewal period ends, this Lease Contract will automatically continue month-to-month with the increased rent or Lease Contract changes. The new modified Lease Contract will begin on the date stated in the notice (without necessity of your signature) unless you give us written move-out notice under paragraph 37. The
    written move-out notice under paragraph 37 applies only to the end of the current Lease Contract or renewal period.

    10. SPECIAL PROVISIONS

    The following or attached special provisions
    and any addenda or written rules furnished to you at or before signing will become a part of this Lease Contract and will supersede any conflicting provisions of this printed Lease Contract form. Rental amount above includes $10.00 trash
    fee; $2.00 pest control fee;



    18. COMMUNITY POLICIES OR RULES.

    You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of this Lease Contract. We may make
    reasonable changes to written rules, effective immediately, if they are distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of this Lease Contract.


    There doesn't seem to be any "loopholes" they can use to add extra fees under Chapter 10. Under Chapter 18, the only thing I can see that may give them the ability to increase the fee is that it may be considered a "Community Policy" mentioned above. But it says "Lease Addendum" and not "Community Policy." Although after reading Paragraph 15 it doesn't reference Community Policy, just Apartment Rules.

    On the new addendum, it says "You agree to pay a monthly fee of $25 for the removal of trash and or recycling for the apartment community. Your monthly rent under TAA lease Contract does NOT include a charge for trash removal. Instead, you will be receiving a separate bill from us for such service." BUT I am wondering if the fee under Paragraph 10 IS a trash removal fee??

    What say you legal scholars???
     

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