Does a renter have to pay fee to an agent if there is no contract between them?

UPDATED: Mar 25, 2012

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Does a renter have to pay fee to an agent if there is no contract between them?

Landlord and Agent contract states “Owner acknowledges and agree that Agency will charge a Service Fee to the tenant not to exceed one month’s rent” in the Exclusive Right-To-Lease agreement. Does the renter have to pay $1800 fee to the agent since there is not contract between the agent and the renter?

Asked on March 25, 2012 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the lease or other agreement between the landlord and the tenant requires the tenant to pay this fee, it is legal: a contract (which is what a lease is) can require one party to it to pay some fee or amount to a third party.

But without some agreement (between tenant and agent; or between tenant and landlord) which the tenant accepted or agreed to that he or she would pay, then he or she would not be obligated to do so.

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