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Is this legal?

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idkam posted 6/18/2014 18:53 PM

I got a letter from apt mgr stating it was brought to their attention that i had the black appliances (fridge & stove)but is not paying for it...if i want to keep it they will charge $50 additional $'s...if not they will come and remove it and i will not be this legal? I moved to this complex because i was told i would get free internet if i took an apt by the pool but i do not have the internet... I use my iphone as a hotspot to get onto the internet..

What say you?

I got until June 20th to respond..

idkam posted 6/18/2014 18:54 PM

In addition i just signed ip for the internet with AT&T today...

dameia posted 6/18/2014 19:09 PM

I'm a little confused....your apartment complex charges more for apartments with black appliances? Are the appliances they want to replace them with the same except for the color?

And as far as the free internet goes, if you didn't get it in writing I think you're screwed.

monarchwings posted 6/18/2014 19:11 PM

What are the terms of your lease? Are you MTM or for a specified term, 6 months, ect. MTM either party change every 60 days. Long term they cannot you accepted the apartment in as is condition and plan to leave it as is. If they did not price it properly when you moved in, then thats their error. Is this a decent management company?

idkam posted 6/18/2014 19:54 PM

Thanks for your responses;

Management advertises free Wifi. As for the appliance I guess they want to replace the black with white or beige. I will call tomorrow morning to find out for sure. The office was closed when I got in today.

I have a 1 year lease.
So what do I say to them or should I go over the managers head and go to corporate?

Williesmom posted 6/18/2014 19:57 PM

I would go over the manager's head. Unless appliance color was stated in the agreement as an extra charge, it's bullshit.

Those appliances were there when you moved in. Fuck him.

Phoenix1 posted 6/18/2014 20:03 PM

Check your lease agreement. They can only enforce what is in that contract. If there is nothing about charging extra for a different color of appliances, too bad for them. On the flipside, if it is written in there that you are to be provided free Internet, then they need to provide it.

Check online for tenant rights groups and or info. Some larger cities actually provide the info to residents (tenants and landlords) as a service in an effort to prevent disagreements from clogging up local courts.

Dark Inertia posted 6/18/2014 20:19 PM

I would go over the manager's head. Unless appliance color was stated in the agreement as an extra charge, it's bullshit.
Those appliances were there when you moved in. Fuck him.

Ditto this, and I would also contact the BBB and make a formal complaint if push comes to shove.

monarchwings posted 6/18/2014 20:55 PM

Going over the managers head is just going to trickle back down to the property. Don't expect much there. Did you see the apartment before you leased? Is the color of the appliances noted in the lease? Did you turn in a rental condition form? If yes then you accepted the apartment. Ask the manager if you can change from 12m to 6m when she says no then say if I cant change the terms of the lease then neither can you. Its been a while since I have read it but, if you signed a TAA lease then it says something about accepting the apartment in as in condition.

Listen the leasing agent forgot to upcharge for the appliances, amenities increase the value of the lease. They have been do that for years. I would just say I understand there was an error, of some sort but its not my fault and I am not paying. The lease is a contract that both parties must abide by.

Be nice and focus on the contract. Its business. If they get rude then say I dont appreciate your unprofessional tone and id like to speak with someone else. Focus on the contract not the emotions.

Good luck.

idkam posted 6/19/2014 07:35 AM

Thanks for your responses...

I looked over the lease last night and there is no mention of appliances color or anything like that.....i cant really stop them from going into my apt and changing out the appliances because they have keys and i'm at work 9 hrs a day....

I will call them this morning and i will keep the emotions in check....i hate the way they worded the letter . Its like tgey accusing me of something.....the letter starts with " Its been brought to our attention that you currently have the black appliances in your apt but are not being charged for them."

BeingNaive posted 6/19/2014 10:41 AM

Don't take the letter personally, idkam. It sounds like a standard letter that they have on file. I work in the management business and a few of my form letters state the same "It has been brought to our attention XYZ".

Also, everyone is right. Unless it states in the lease that black appliances cost more, they can't enforce a new fee or change the appliances. Just be ready for them to add that notation to your next lease, if you opt to renew.

BeingNaive posted 6/19/2014 10:55 AM

Oh, one other thing. You might be able to restrict their entry into your apartment for normal procedures.

For example, our residents may submit a letter to us stating they are enforcing Section XYZ of the Housing Code. That requires that we inform them of all entry either 5 days early if written & mailed or 3 days early if hand-delivered. If they respond to us by noon the day before entry, they may delay entry for another 72-hours.

Eventually, we will gain access but it does delay entry. If your city/town/county has such a restriction, it could at least allow you to make plans to be home almost any time they enter.

Obviously, this does not apply to emergency maintenance issues.

allusions posted 6/19/2014 13:00 PM

When I moved into a brand new apartment complex years ago, the ad in the paper said they included in sink garbage disposal units. I was told by management that they "would be coming soon". 6 months went by and they still hadn't been installed. I contacted management and they told me they never said the units included garbage disposals. I made a trip to the newspaper office and bought an archived paper, presented it to management, and we all had garbage disposals within 2 weeks.

Read your contract. Read any advertisements associated with the apartment. Don't let them get away with B.S.

idkam posted 6/19/2014 13:45 PM

Thanks again everyone for your insight...

I spoke with my friend who's an attorney and she helped me with the letter to the manager as well as the corporate office in Philly...i faxed the letter to corporate and emailed a copy to the office....i should also put a hard copy of the letter in the drop box....

They didn't give me much notice...

idkam posted 6/20/2014 15:54 PM


One of the managers called me this morng to let me know she hot my letter...she said i dont know whats going on but we cant remove anything or charge you because thats illegal...i thanked her for calling me and we ended on a good note...

Cally60 posted 6/20/2014 18:59 PM

Oh good. I suggest nonetheless that you take photos of the appliances in situ, just in case anyone didn't get the memo.......

[This message edited by Cally60 at 7:00 PM, June 20th (Friday)]

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