7 novembre 2022

Legal Fees on Lease Renewal Allowable

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Excellent guide on property management fees. I notice that a lot of reviews talk about problems they have with property management services, but for them, it`s worth noting that if you`d chosen a more reputable company and done a little more research, you might have determined the nature of those businesses before signing up with them. When I called them, they said they thought they mentioned the 2% increase. They explained that they had to make it « fair » to their other customers on the phone, and that`s their expense. (I`m not sure what that means) I asked why the management fee is charged to us and not to the owners and whether the owners are aware of the fees. Their response was, « We now add a 2% management fee to all renewals and new leases. That is part of the renewal. It has nothing to do with who hired us. I have attached the addendum that you have already signed for this extension. Is it legal or a violation of any kind, and what can be done, if anything? We had to sign because it`s a tough deal and we don`t have time to move now. Have you checked your lease? It might say something specific about charging tenants for plumbing problems that have been proven to have been caused by the tenant. While this sounds like a ridiculous fee, it`s not considered a problem with the building and a standard maintenance request. If it makes you feel better every time I`ve called my landlords in the past with clogged sink issues, their solution was to simply pour the drain (which I bought) into the sink.

If this really bothers you, you may be able to sue your property manager for unfair fees. You need to decide what is more valuable to you, the cost of maintenance costs, or the time and cost needed to go to court for reimbursement. I would contact your local housing authority for free tenant advice for your situation. Other Income Fees: Management companies may retain all, some or no income related to returned check fees, pet rental revenues, rental violation fees, unpaid invoice fees, bill payment fees, or revenue from laundry or vending machines. Hi Kaycee, I am the owner of a 3 bed single family home in Florida. Previous tenants left in July without paying the last 2 months` rent (not good, but better than the eviction process). PM tells me that only minor repairs are needed. A month later, the house is back on the market and after 3 months finally rented to new tenants. Right now, a bill of about $1,600 for paint and repairs comes to me from the previous tenant. I told them it wasn`t what I expected because they had only indicated minor repairs, except in my contract any bill over $350 that they were supposed to contact in advance, which they didn`t do.

In addition, they gave me previous tenants` bills, unpaid water and electricity bills, and reconnection fees. Electricity bill $200, water bill $200. Again, seems far too high. In addition, a few other small bills (less than $350) give me bills of about $2,500 (in addition to the 5 months of inactivity!) I asked to see the receipts for all this work, but so far I have obtained silence. I`m starting to worry a lot that they`re cheating on me. However, I am out of the country long-term, so moving the PM company can be a bit tricky. Are there any legal rules for project management companies that provide owners with receipts for invoices? Will I be able to refuse to pay unrecognized invoices? P.S. they deduct bills from rent payments made to me instead of charging me. Thanks in advance! Hi David, depending on local laws and regulations, as well as the text of the contract (lease, management contract, etc.), it may be acceptable to deduct an administration fee from a deposit in certain circumstances. I cannot give legal advice and therefore recommend that you contact your local housing authority, state real estate authority and/or legal advice to discuss your situation. Property management companies also charge a fee to find new tenants for your property to cover costs such as advertising, property display, application review, and tenant review, so you`ll likely need to factor in the fees when working with a management company.

Whether you find a new tenant or let your current tenant renew their lease. If you take renewal fees out of the equation, you`ll find the pros and cons of renewing a lease. If you work with a property management company, you will have to pay certain fees. Lease renewal fees are an example. Here`s what every landlord should know The 2.2% surtax is not part of the statutory rent and cannot be combined with rent increases from the Rent Guidelines Board for one-year and two-year leases or other statutory rent increases, including, but not limited to, rent increases related to Major Capital Improvements (MCI) or Individual Apartment Improvements (IIAs). The 2.2% increase can only be levied once a year, regardless of the number of leases entered into in a given year. The collection of the 2.2% surcharge is also not affected by an injunction from the DHCR reducing the rent for reduced services. Hi Lenesia, I heard about this kind of fee. As long as it`s written in the management agreement and it`s allowed in your state, they should be allowed to charge these fees.

Other examples of eligible legal and professional fees that may be incurred include: legal fees incurred when acquiring or expanding a property, The 2.2% surcharge is only recoverable if the applicable lease includes a tab signed by the tenant informing the tenant of the landlord`s right to collect the 2.2% surcharge and the approximate expiry date of the 421-a benefits. If the landlord does not include the driver in a tenant`s (first) lease, DHCR will allow landlords to add it to that tenant`s renewed lease and charge the 2.2% surcharge, which could only have been calculated prospectively, plus any future legal annual supplement. A new tenant who moves into an apartment upon expiry of the 421-a benefits of such a building may be prospectively charged the amount of the supplement that was or could have been charged to the previous tenant, plus future annual increases in the annual supplement provided by law.

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