Letter to Landlord Contesting Charges?

[jackaroo1223]

What is the name of your state? AZ

I had another post up here regarding fees my apartment complex management was trying to charge us. After reviewing the lease and consulting with a lawyer, it was determined that what they were doing violated the lease, and AZ law.

We were advised to send a letter via certified mail to them explaining why we weren't paying the fees. Anyone know of a way to find maybe a template or some suggestions on how to format and word the letter?

 

[ecmst12]

Best to just write it out in plain English and go over each charge and why you don't believe you should pay it. You don't need legal mumbo jumbo to do that.

 

[ws6whiteshark]

it was determined that what they were doing violated the lease, and AZ law.

How did it violate the lease and AZ law? Based on what you wrote in the previous post, it did seem a bit extreme for the apartment complex.

 

[jackaroo1223]

I consulted with the AZ Neighborhood Services and AZ Tenants Advocates and apparently AZ passed a new set of laws called the AZ Landlords and Tenants Act that went into affect this month. In there, it specifically states landlords must comply with an existing lease until it expires, regardless of change in ownership or management. And, there was nothing in the lease stating I was subject to the fees for the garbage bags, or the additional pet deposit.

Also, yesterday I went to the leasing office to get a copy of the lease and noticed somethign that concerned me. They gave me two copies of the first page of the lease, one was the original one I signed upon move in, and the second said "Adjusted" on it, and in the initial block, my initials were there, but it most definitley was NOT my handwriting. Anyone can see just from comparing it to the other 20+ pages of the lease with my initials on it that a different hand wrote my intials on the adjusted first page of the lease, and I never re-sgned anything with them

This really concerns me, it just is another example of their blatant dishonesty. However, I doubt its something that would hold up if this ends up going to court.

 

[ws6whiteshark]

I consulted with the AZ Neighborhood Services and AZ Tenants Advocates and apparently AZ passed a new set of laws called the AZ Landlords and Tenants Act that went into affect this month. In there, it specifically states landlords must comply with an existing lease until it expires, regardless of change in ownership or management. And, there was nothing in the lease stating I was subject to the fees for the garbage bags, or the additional pet deposit.

Also, yesterday I went to the leasing office to get a copy of the lease and noticed somethign that concerned me. They gave me two copies of the first page of the lease, one was the original one I signed upon move in, and the second said "Adjusted" on it, and in the initial block, my initials were there, but it most definitley was NOT my handwriting. Anyone can see just from comparing it to the other 20+ pages of the lease with my initials on it that a different hand wrote my intials on the adjusted first page of the lease, and I never re-sgned anything with them

This really concerns me, it just is another example of their blatant dishonesty. However, I doubt its something that would hold up if this ends up going to court.

Contact your Attorney Geneal's Office.

 

[CA LL]

Still..as we all told you..

Yes they cannot change the terms of a FIXED LEASE but once it expires they CAN change the terms with 30 (most cases) days written notice.

Seems they did not do that perhaps but I just wanted to correct you on that. You implied you were MTM in your original post.

Unless you wish to move..I would pay it and just make sure you NEVER put out garbage bags outside ever again.

Or don't pay it, let them start an eviction process against you and then hope the judge doesn't buy the initialed page...it's a risk though.

 

[jackaroo1223]

Still..as we all told you..

Yes they cannot change the terms of a FIXED LEASE but once it expires they CAN change the terms with 30 (most cases) days written notice.

Seems they did not do that perhaps but I just wanted to correct you on that. You implied you were MTM in your original post.

Unless you wish to move..I would pay it and just make sure you NEVER put out garbage bags outside ever again.

Or don't pay it, let them start an eviction process against you and then hope the judge doesn't buy the initialed page...it's a risk though.

The odd thing is, the adjusted page of the lease with my forged initials on it is exactly the same as the original first page of the lease. Either way, I am not paying them money they cannot at this time charge me. I understand once the lease expires its different, but the lease does not expire until 12/31/07. I'm taking my chances in court if I have to. People can only take advantage of you if you let them.

 

[Alaska landlord]

I think your issue may not have been one of breaking the lease, but one of whether or not you were given proper notice of a rule change. If you were given proper notice than it might be possible to claim that the penalty for breaking the "rules" are far too excessive.


33-1342. Rules and regulations
A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if:
1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally.
2. They are reasonably related to the purpose for which adopted.
3. They apply to all tenants in the premises in a fair manner.
4. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.
5. They are not for the purpose of evading the obligations of the landlord.
6. The tenant has notice of them at the time the tenant enters into the rental agreement.
B. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if a thirty day notice of its adoption is given to the tenant and it does not constitute a substantial modification of the tenant's rental agreement.
C. If state, county, municipal or other governmental bodies adopt new ordinances, rules or other legal provisions affecting existing rental agreements, the landlord may make immediate amendments to lease agreements to bring them into compliance with the law. The landlord shall give a tenant written notice that the tenant's lease agreement has been amended, and the notice shall provide a brief description of the amendment and the effective date.
http://www.law.arizona.edu/Library/Research/Guides/landlord_tenant.cfm?page=research

 

[jackaroo1223]

I think your issue may not have been one of breaking the lease, but one of whether or not you were given proper notice of a rule change. If you were given proper notice than it might be possible to claim that the penalty for breaking the "rules" are far too excessive.


33-1342. Rules and regulations
A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if:
1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally.
2. They are reasonably related to the purpose for which adopted.
3. They apply to all tenants in the premises in a fair manner.
4. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.
5. They are not for the purpose of evading the obligations of the landlord.
6. The tenant has notice of them at the time the tenant enters into the rental agreement.
B. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if a thirty day notice of its adoption is given to the tenant and it does not constitute a substantial modification of the tenant's rental agreement.
C. If state, county, municipal or other governmental bodies adopt new ordinances, rules or other legal provisions affecting existing rental agreements, the landlord may make immediate amendments to lease agreements to bring them into compliance with the law. The landlord shall give a tenant written notice that the tenant's lease agreement has been amended, and the notice shall provide a brief description of the amendment and the effective date.
http://www.law.arizona.edu/Library/Research/Guides/landlord_tenant.cfm?page=research

Right, and I understand that. However, they never sent out anything to residents with new rules and/or policies. We sent them a very detailed letter this weekend asking them basically to cease and desist, and also sent the letter with a copy of the lease and the notices we have been given to the state attorney general and the phoenix city attorney.

Another thing they did back in June that I didn't mention, but did in the letter, is an issue concerning an American flag. We have one on our patio, and we were asked to remove it. Well, there is a federal law that says we have the right to display our American flag and the lease does not mention anything considering things on the patio. So...they are in trouble.

 

[Who's Liable?]

Right, and I understand that. However, they never sent out anything to residents with new rules and/or policies. We sent them a very detailed letter this weekend asking them basically to cease and desist, and also sent the letter with a copy of the lease and the notices we have been given to the state attorney general and the phoenix city attorney.

Good!

Another thing they did back in June that I didn't mention, but did in the letter, is an issue concerning an American flag. We have one on our patio, and we were asked to remove it. Well, there is a federal law that says we have the right to display our American flag and the lease does not mention anything considering things on the patio. So...they are in trouble.

You didn't afix anything to the building did you? If so, than they are in the right, if NOT, than you are correct.