Are move in/move out fees legal

[bfshinn]

Brian (WA)

I own a studio in Seattle. I recently lost my tenant and have just found a new one to rent my unit. I contacted the Management of my building to see what else aside from the copies of the background check/contact info/ and lease did they need? They said they needed a $250 move in/move out fee for the renter.

I questioned the legitimacy of this because it sounded unjust/illegal. My stance was that this was not something I had voted on and seemed illegal to collect money when there are no specific damages documented. (The new tenant has yet to move in). It would seem more fitting to document any damages post move and itemize the damages and send them to me where then I would re-coup payment for repairs.

Their stance is that it is a common practice and legal. That the HOA board voted on it a few months back. That the money goes towards fixing dings and dents, even of past moves.

Is this a legal practice? Am I liable to pay the $250 fee?

Please help me because this sounds like nonsense.

 

[HomeGuru]

Brian (WA)

I own a studio in Seattle. I recently lost my tenant and have just found a new one to rent my unit. I contacted the Management of my building to see what else aside from the copies of the background check/contact info/ and lease did they need? They said they needed a $250 move in/move out fee for the renter.

I questioned the legitimacy of this because it sounded unjust/illegal. My stance was that this was not something I had voted on and seemed illegal to collect money when there are no specific damages documented. (The new tenant has yet to move in). It would seem more fitting to document any damages post move and itemize the damages and send them to me where then I would re-coup payment for repairs.

Their stance is that it is a common practice and legal. That the HOA board voted on it a few months back. That the money goes towards fixing dings and dents, even of past moves.

Is this a legal practice? Am I liable to pay the $250 fee?

Please help me because this sounds like nonsense.

**A: so where is this official document that was voted and pased by the Board.

 

[bfshinn]

This was part of the document that sent to me. The document was titled "Rental Procedures"

Rules and Regulations: pg. 7
11. Renting/Leasing of Units

11.1 Owners must provide a complete copy of these rules and regulations to their tenants. Owners must ensure that their tenants review these rules and regulations in detail and returns a copy signed by both the owners and the tenants to the board or the management company.

11.2 Move in and out dates and names of tenants shall be reported to the board or the management company prior to the tenant’s arrival or departure. Failure to notify the board or the management company of a move in or out date will result in an automatic fine.

11.3 Any additional clean-up or damage incurred to the grounds or building during relocation to or from a unit shall be the responsibility of and shall be paid for by unit owner.

11.4 No lease of a unit shall be for a term of less than 30 days, and a lease shall be for the entire unit, not just a portion of the unit. An owner may lease an assigned parking space, but only to another unit owner and only upon notification to the board or management company.

11.5 If the condominium contains one or more elevators, all persons must secure the elevator pads (if any) from the board or management company prior to using the elevator for moving furniture, furnishings or other items to and from a unit.

ADDITIONALLY:

• 11.6 You must have the prospective tenant screened, at your own cost, to include a criminal background check. A written screening report must be submitted the Board at least one (1) week prior to you entering into a lease or rental agreement with the prospective tenant. The Board will approve or disapprove the prospective tenant in writing within five (5) days of submittal of the screening report.

• If the prospective tenant is approved, you must do the following within five (5) days of the tenancy commencing:

- Provide a written copy of the lease or rental agreement to the Board or its designee, e.g., Quorum Property Management,

- Provide an Move in/out administrative fee of $250.00 to the Board or its designee,

- Provide your forwarding contact information, e.g., address, phone number, e-mail address, to the Board or its designee, and

- Provide a copy of the Association Bylaws, Declaration and Rules and Regulations to the tenant at your own expense.

 

[bfshinn]

Also, here is another response from the Management when further pressing them on it.

1. The Declaration gives the Association the authority to adopt/amend rules & regulations.

2. The Declaration gives the Board the authority to assess "all such other amounts as the Board of Directors may deem necessary or advisable for the lawful exercise of its powers and duties."

3. The Bylaws specifically give the Board authority to "adopt and amend rules and regulations"

Any help still if this is legally binding that I pay $250 for the Move in/Move out Fee?

 

[bmmoses]

Did you ever recieve a response?

I have the same situation in Kirkland now.

Thank you,

 

[HomeGuru]

Also, here is another response from the Management when further pressing them on it.



Any help still if this is legally binding that I pay $250 for the Move in/Move out Fee?

**A: you still did not answer my question.