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


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.

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