If I paid my rent late and the property required me to pay in certified fees for the next 12 months, could that be carried forward if I sign a new lease before the 12 month period ends?

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If I paid my rent late and the property required me to pay in certified fees for the next 12 months, could that be carried forward if I sign a new lease before the 12 month period ends?

I had a returned check item and took care of it. The next three months I paid with a personal check, no problems. When I paid my rent for the fourth month following, I was called and told that I had to pay in certified fees by the first of the month for 12 months because I had the returned check. I was never informed of this and had paid three months after the returned check and the property took the payment each time. My lease ends at the end of this month and I want to know if they could carry over the 12 month, certified fees requirement into a new lease agreement.

Asked on October 9, 2018 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A lease is a contract netween two parties and the terms are generally negotiated.  Check your lease to see if that requirement is in there.  It has to be for them to force you to do that.  And could they require it upon renewal?  Well, yes, but again: read your lease.  It sounds like they are not on the up and up here and maybe you should do a little research on the owners and management company going forward.  Good luck.


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