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management want me to pay for something not stated in lease!

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sugarprincess

Guest
Michigan; apartment complex of major management/rental company (apartments across the country)

We currently have a washer and dryer in our apartment that we are paying $15/month for (included in our rent). This fact is included in our lease by a fill-in-the-blank line which looks something like this (with the dollar amounts typed in):

OPTIONAL ITEM(S):
( ) Cable ( 15 ) Washer/Dryer ( 10 ) Storage Unit

A few months ago we decided to buy our own appliances to save money (reducing our monthly rent by $15). We called the apartment complex management and told them what we planned to do, and specifically asked if we needed to do (or know) anything special or if we just needed to let them know when to come get the old appliances. We were told we just needed to let them know when to come get the things. We also reaffirmed that our rent would be reduced by $15. So we ordered our appliances.

A few days later, while conversing with management about an ongoing problem, I reaffirmed our rent reduction and this manager said, “Yes, your rent will be reduced by $15, but we will need to charge you a $12 water and sewage fee.” WHAT? I explained what the previous person had told me (no mention of a new fee) and she said “That’s just the way we do it.” I was so shocked I just hung up the phone. I then looked up our lease...and right in the lease it says “MANAGEMENT WILL PAY FOR GARBAGE, WATER/SEWER, [and something else].” It is not something typed in (like the dollar amounts in the Optional Items), but rather it is definitely a pre-printed part of the lease.

I called back and explained what was in the lease, and was told (again) that we would have to pay the fee for water/sewer. I asked how they could possibly charge that when it said RIGHT IN THE LEASE that management paid for it? Again, she said “That’s just the way we do it.” She said something about having had some option when we signed the lease ... and I assured her that when we signed the original lease (three years ago), no one ever said anything about any fees if we chose to use our own appliances.

So I called the statewide manager and discussed it with him. And I basically got major attitude from him, saying things to me like:

“This is just how we do it.“
“Well, no one has ever complained about this before.“
“The Attorney General accepted the lease as it is written.”
“Do you want to get in a legal fight about this? I have lots of lawyers.”

I was extremely shocked. He basically said that when we signed the lease, we agreed to use their appliances, and if we weren’t going to use their appliances, we would have to pay the fee. I said “Then that should be stated in the lease, or at least mentioned when we signed the original lease. You should tell that to your lawyers.” He also said that we could get rid of their appliances if we wanted (to get rid of the fee), but if it was discovered that we brought in our own, they would send someone up to put a lock on the gas/water valves.

So, since we didn’t see the point in trading a $12 fee (that was CLEARLY stated as paid-by-management in the lease) for a $15 fee PLUS paying for a new washer and dryer, we cancelled our order (incurring a restocking fee, but that’s another story!). I still think they’re in the wrong, but I lost the will to fight after this dragged on for three weeks. (To add just a bit more to the story, this is NOT the management that was here when we moved in. These yahoos had just arrived about three months priot to this incident, and we had four distinct problems with them within one month. We do not like them and don't speak to them unless absolutely necessary.)

Do I have any ground to stand on? I am willing to fight this if need be (even though I will be moving out within the next year).
 


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sugarprincess

Guest
Sorry...I thought you would need to know all the specifics.

Our management says we have to pay a water/sewage fee if we take out their washer and dryer (and get our own), but our lease specifically states that management pays the water/sewage fee. I brought this up to two levels of management and they both said "That's just the way it is." There are no clauses in the lease that support management's position.

Do I have grounds to fight this? If so, would it be a long, drawn out process or simply a matter of a well-written and well-directed letter?
 
L

LL

Guest
management want me to pay for something

Try a well-written and well-directed letter.

The point is to see what they answer. Maybe you mis-interpreted something.
 

HomeGuru

Senior Member
sugarprincess said:
Sorry...I thought you would need to know all the specifics.

Our management says we have to pay a water/sewage fee if we take out their washer and dryer (and get our own), but our lease specifically states that management pays the water/sewage fee. I brought this up to two levels of management and they both said "That's just the way it is." There are no clauses in the lease that support management's position.

Do I have grounds to fight this? If so, would it be a long, drawn out process or simply a matter of a well-written and well-directed letter?
HomeGuru response: Before sending your letter, conduct your complete research by calling the AG's office and the State Consumer Protection Office. Ask if the management company can do such a thing.
My opinion supports yours, that is, if there is nothing in the lease and nothing in the State Statutes, then management can not make their own rules. The charge for water/sewer must be supported by either a written lease or State L/T laws. "That's the way it is" is not valid and is most unacceptable if it can not be backed up by a written lease condition that you previously agreed to or by statutory requirement.

Once you have your backup evidence, you will be better prepared to state your position and have solid foundation to support your position.
 
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Wgoodrich

Guest
To play the devil's advocate here try thinking on the managements side in writing the original lease and the fact that the washer and dryer were included in the lease at a set charge.

Washers and dryers use well into $12 per month, even well into the $15 per month of utility cost.

The management probably doen't want washers and dryers in ill repaire leaking grease etc. onto the floors of the apartment, they also probably don't want the washers and dryers being large heavy appliances to be dragged in and out of the apartments possibly damaging the walls, carpet, etc.

For the reasons above the management may have opted to furnish the washer and dryers in order to eliminate the problems mentioned. They most likely put the $15 charge into the lease to help offset the utility cost and to confirm the washer and dryer was owned by the management to avoid them disappearing when the renter moves in and out.

I suspect that they have no provisions in the lease stating that there will be a reduction of charges if you furnish your own washer and dryer. I also suspect for the $15 a month no one would make the effort and cost to furnish their own washer and dryers.

I also suspect that in consideration of you being one of those rare renters that actually were paying your rent, that when you did buy your own they tried to work with you letting you furnish your own appliances. I also suspect that this is a new one to them and they probably were making a mental note to make a change in future leases to others to eliminate the possibility of someone else buying their own appliances to save the $15 a month. You probably unknowingly bypassed their management plan of limiting damage to their apartments by management furnishing the washer and dryer.

I finally suspect that management started looking and the continuing cost of your new washer and dryer pertaining to water usage and gas usage and the new $12 charge is to offset those utility costs.

I don't think management or you meant to play hook or crook agaist the other, just a minor adjustment on your part in buying the appliances was unforseen by management and the minor adjustment on their part to limit any loss to utility cost made by management turned into a sore thumb to all in a big way.

I suspect that if you calculated some the $3 per month over a 10 year life expectancy of a washer used in a residence should provide just enough money to replace the washer. The last I checked life expectancy of a washer is 10 years and life expectancy of a dryer is 20 years.

The remaining $12 per month was designed for the utility cost of running the appliances.

In looking at the above I think that management did not mean to be greedy against you.

Hope this helps

Wg
 

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