What to do if an HOA fee is not specifically mentioned in a lease?
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What to do if an HOA fee is not specifically mentioned in a lease?
My contract with the lessee doesn’t say HOA fees are theirs to pay but the contract states rent plus other fees. I verbally told him that I will send him the HOA bill when it arrives and he agreed. Now I am having a hard time collecting HOA fee from him as he said its not on the contract. What are my chances if I take him to small claims court?
Asked on November 15, 2011 under Real Estate Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The way for you to answer your question is to see what "fees" are defined within your lease agreement with the tenant. If you created the lease agreement and the term "other fees" are not defined within the agreement, I see you have a hard time proving that the association fees are the tenant's obligation to pay.
If you go to small claims court against your former tenant and lose or win, you most likely will have an unhappy tenant with you for the rest of the lease. I would try and resolve the issue amicably without having to go to small claims court.
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