Paging Steve Lehto.....

"ttyymmnn" (ttyymmnn) 07/24/2015 at 10:19 • Filed to: None

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This question came up in my neighborhood Google group this morning:

Can apartments require a parking fee if not on the lease (added months later)? And if so, if not paid, can they tow?

The rational part of my brain tells me that the apartment can’t charge a parking fee until the tenant renews their lease at the end of its term. Of course, there may be some fine print in the lease I’m not aware of.

RamblinRover Luxury-Yacht > ttyymmnn 07/24/2015 at 10:24

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I’m not Steve, but I would guess that if the original agreement for the lease mentions the parking as being provided, they can pound sand. If it doesn’t, or provides in very waffley ways, they may think they can get away with this. Not to say they wouldn’t try to tow you anyway and leave it up to you to sort out the trouble afterward.

TheHondaBro > RamblinRover Luxury-Yacht 07/24/2015 at 10:25

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You're not Steve? Well let's see who you really are! *pulls face off*

RamblinRover Luxury-Yacht > TheHondaBro 07/24/2015 at 10:30

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ttyymmnn > RamblinRover Luxury-Yacht 07/24/2015 at 10:32

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That makes sense to me, but the law isn’t always sensible. But yes, it seems to me that they can’t alter the lease until it’s up for renewal. If they towed my car, I’d call the cops and report an auto theft.

cazzyodo > ttyymmnn 07/24/2015 at 10:35

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Is there anything about the parking situation in the lease agreement? I would imagine that, depending upon the wording, you would start there and see if they left themselves any wiggle room. If not, you have a standing that without revising the lease agreement and you signing said agreement they cannot charge you and therefore cannot tow.

But rational thought isn’t law.

ttyymmnn > cazzyodo 07/24/2015 at 10:51

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Agreed on all counts. It’s really impossible to make any definite assessment without seeing the lease, though.

davedave1111 > ttyymmnn 07/24/2015 at 10:56

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It all depends on what the lease says, but my guess is yes, they can do that - it’s perfectly possible that the lease gives them the power to make minor changes like that.

ttyymmnn > davedave1111 07/24/2015 at 10:58

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Yes, it all depends on how the lease is written. That’s why you always read every word of the lease. There have been numerous times that I’ve taken the time to read the fine print before signing something, only to have the agent bristle at the amount of time I’m taking. Screw him. It’s my ass if I agreed to something unawares.

davedave1111 > ttyymmnn 07/24/2015 at 11:02

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“There have been numerous times that I’ve taken the time to read the fine print before signing something, only to have the agent bristle at the amount of time I’m taking”

Really? I’m not sure I’d still sign after that. Always fun to ask them if they’re indemnifying you from any costs that arise as a result of not reading the contract.

Meatcoma > RamblinRover Luxury-Yacht 07/24/2015 at 11:36

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jariten1781 > ttyymmnn 07/24/2015 at 14:09

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Yeah, you’ve got to see the lease and understand local and state contract and tenancy rules which may invalidate portions of the lease as written (especially if it’s a generic national form the landlord bought). This is one of those: if you want to fight you need a local lawyer with experience in tenancy and contracts things.

General rule of thumb though, most term contracts allow the contracting agent to make material changes unilaterally (ie they don’t need to enter negotiation first). If the contractor (in this case the lessee) disagrees with the material change they have XX days (usually 30) to either break the contract without penalty or request an equitable adjustment. Then the agent either negotiates to an adjustment acceptable to both parties or the contract ends with no more exchange of dollars or services. If the time period elapses without the contractor requesting adjustment or breaking the contract it is assumed they agree and the change is codified.

So if this falls in the ~70% of cases where normal rules of thumb apply the options would be: pay parking fee; negotiate lower parking fee; pack up and go at the end of the month and you won’t be docked the early lease termination fee (all other fees such as post occupancy cleaning fee would still apply unless they were directly affected by the material change). But again, with tenancy involved all sorts of weird rules come into play and they can differ down to the state, county, city, or...in some cases...even neighborhood level.

ttyymmnn > jariten1781 07/24/2015 at 14:12

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Thanks for the lengthy reply.