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User Topic: Is this legal?
idkam
♀ Member
Member # 18375
Default  Posted: 6:53 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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 charged...is 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..


People come into your life for a Reason, Season or a Lifetime..
Divorced

Posts: 1801 | Registered: Feb 2008 | From: Texas
idkam
♀ Member
Member # 18375
Default  Posted: 6:54 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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


People come into your life for a Reason, Season or a Lifetime..
Divorced

Posts: 1801 | Registered: Feb 2008 | From: Texas
dameia
♀ Member
Member # 36072
Default  Posted: 7:09 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Me: BS
D-Day: 7/7/12

Trust is like paper. Once it's crumpled it can never be perfect again.


Posts: 1172 | Registered: Jul 2012
monarchwings
♀ Member
Member # 39891
Default  Posted: 7:11 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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?

Posts: 108 | Registered: Jul 2013
idkam
♀ Member
Member # 18375
Default  Posted: 7:54 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Thanks for your responses;

Dameia,
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.

Monarch,
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?


People come into your life for a Reason, Season or a Lifetime..
Divorced

Posts: 1801 | Registered: Feb 2008 | From: Texas
Williesmom
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Member # 22870
Default  Posted: 7:57 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


You can stuff your sorries in a sack, mister. -George Costanza
There is a special place in hell for women who don't help other women. - Madeleine Albright

Posts: 7773 | Registered: Feb 2009 | From: Western PA
Phoenix1
♀ Member
Member # 38928
Default  Posted: 8:03 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1203 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
Dark Inertia
Member
Member # 30727
Default  Posted: 8:19 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1284 | Registered: Jan 2011 | From: The Ohio
monarchwings
♀ Member
Member # 39891
Default  Posted: 8:55 PM, June 18th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Posts: 108 | Registered: Jul 2013
idkam
♀ Member
Member # 18375
Default  Posted: 7:35 AM, June 19th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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."


People come into your life for a Reason, Season or a Lifetime..
Divorced

Posts: 1801 | Registered: Feb 2008 | From: Texas
BeingNaive
♀ Member
Member # 30652
Default  Posted: 10:41 AM, June 19th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Posts: 173 | Registered: Jan 2011 | From: Michigan
BeingNaive
♀ Member
Member # 30652
Default  Posted: 10:55 AM, June 19th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Posts: 173 | Registered: Jan 2011 | From: Michigan
allusions
♀ Member
Member # 25376
Default  Posted: 1:00 PM, June 19th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Posts: 306 | Registered: Aug 2009 | From: California Central Coast
idkam
♀ Member
Member # 18375
Default  Posted: 1:45 PM, June 19th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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...


People come into your life for a Reason, Season or a Lifetime..
Divorced

Posts: 1801 | Registered: Feb 2008 | From: Texas
idkam
♀ Member
Member # 18375
Default  Posted: 3:54 PM, June 20th (Friday), 2014View ProfileEdit MessagePrivate MessageHomepage

Updat;

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...


People come into your life for a Reason, Season or a Lifetime..
Divorced

Posts: 1801 | Registered: Feb 2008 | From: Texas
Cally60
♀ Member
Member # 23437
Default  Posted: 6:59 PM, June 20th (Friday), 2014View ProfileEdit MessagePrivate MessageHomepage

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)]


Posts: 2117 | Registered: Mar 2009
Topic Posts: 16

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