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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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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