Can my apt complex/manager pick and choose which tenants to charge random fees?

Can my apartment complex/manager charge only certain tenants random fees such as garbage disposal and common area lighting fees $15+ per month? Is this discrimination especially since there is nothing about this in the lease agreement? Management is using a 3rd party billing company to bill us for our water bill, but in addition to the water bill, they are adding in $15+ fees for common area lighting and garbage disposal fees, but they are only charging certain tenants for this. There is absolutely nothing listed in our lease agreement regarding this issue.

Asked on December 7, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your landlord is arbitrarily charging certain tenants fees in the complex that are not even stated as allowable charges on the tenants' lease, the tenants are not responsible for paying these fees and can refuse to pay them assuming the tenant never agreed to pay these.

Under contract law, a person is only responsible to pay for items that he or she has agreed to pay. If the apartment manager insists on the tenants pay for garbage and common lighting fees that they never agreed to, then the tenants should consult with a landlord tenant attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.