Big disparity in apartment lease price.

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Big disparity in apartment lease price.

Renewed apt. lease in April after living at apt. complex two yrs in a two bedroom for $925.00. Upon signing, I asked for a discount for being a tenant for two yrs. I was only informed by the mgr. that I could only receive a discount of $9.00. Today, I was informed that the same two bedroom apt is rented for $600.00. I inquired to neighbors about this disparity and was informed that I would have received this amount if I had moved to a new apt as some current renters did. I was not informed of this by the Mgr nor an assistant leasing agent. Is there something I can do about this?

Asked on May 26, 2009 under Real Estate Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well...this is quite interesting.  How did the other tenants find out? Have you had problems with management before? In other words, have you been a model tenant, or have you been late on rent, asked for a lot of repairs, etc? I ask because these may subtle reasons why the management didn't "notify" you of these deals.

That being said, it is a curious enough situation that you may want to inquire with the following after you review your contract (lease agreement):

1. Alabama Legal Aid. I understand these non profit groups have something called The Tenant's Handbook.

2.

§ 1.303. Unconscionability

 

(a) If the court, as a matter of law, finds

(1) a rental agreement or any provision thereof was unconscionable when made,

the court may refuse to enforce the agreement, enforce the remainder of the agreement

without the unconscionable provision, or limit the application of any unconscionable provision

to avoid an unconscionable result; or

(2) a settlement in which a party waives or agrees to forego a claim or right under

this Act or under a rental agreement was unconscionable when made, the court may refuse to

enforce the settlement, enforce the remainder of the settlement without the unconscionable

provision, or limit the application of any unconscionable provision to avoid an unconscionable

result.

(b) If unconscionability is put into issue by a party or by the court upon its own motion

the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose,

and effect of the rental agreement or settlement to aid the court in making the determination.

Comment

This Section, adapted from the Uniform Commercial Code and the Consumer Credit Code, is

intended to make it possible for the courts to police explicitly against rental agreements, clauses,

settlements, or waivers of claim or right which they find to be unconscionable. This section is

intended to allow the courts to pass directly on the issue of unconscionability and to make a

conclusion of law as to unconscionability. The basic test is whether, in light of the background and

setting of the market, the conditions of the particular parties to the rental agreement, settlement or

waiver of right or claim are so one-sided as to be unconscionable under the circumstances existing at

the time of the making of the agreement or settlement. Thus, the particular fac ts involved in each

case are of utmost importance since unconscionability may exist in some situations but not in others.

Either landlords or tenants may, in appropriate circumstances, avail themselves of this section.

 

3. http://www.ago.state.al.us/

4. http://www.ago.state.al.us/consumer.cfm


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