There is a change in utility(trash) fees at the time of a lease renewal, but this not mentioned in the lease renewal agreement document. What to do?

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There is a change in utility(trash) fees at the time of a lease renewal, but this not mentioned in the lease renewal agreement document. What to do?

Hi,I was on an aptt lease agreement and paid a fixed amount for trash fees (to an external provider). Midway through my lease term the management decided to provide valet trash service. I still paid the same amount so it didn’t affected me. When i renewed my lease recently, there was no mention that the trash fee will increase. But now, the trash service provider increased my fee by $20 saying the community management asks for valet service fee. Do i have any right as i was kept in the dark and had not known this before i renewed the lease?

Asked on June 27, 2009 under Real Estate Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I doubt that you can do anything about this, unless the lease specifies the amount of the trash fee.  The community has the right to decide how it wants trash collection on the premises to be handled.  They could just as easily (under the law) decided to change the trash hauling company to one that charged more.

There are some differences in the law from one state to another, and I'm not an Arizona attorney.  If you want to  be sure about this, please talk to a lawyer in your area.  One place to locate counsel is our website, www.attorneypages.com


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