Legal Question in Real Estate Law in Florida

My apartment complex (of 3 years) posted a letter on my door informing me that I had an unauthorized animal in my home (which was untrue, I have paid the pet deposit and provided the vet records). Confused, I called the office and asked them what it was all about (which they verified my pet wasn't unauthorized). They claimed that I wasn't being charged the $10 monthly rent, that supposedly I had paid this fee in the past (which I had not because it was never in any of my rent breakdowns) and apparently they had made a mistake and for some time now I wasn't be charged this fee. I informed them I was never told there would be a monthly rent. They insisted that it is in my lease and pet addendum. They also said at this time they would waive the past fees that I had not been charged but going forward I would have to pay this $10. When I question to whether or not this was in my lease agreement, the man clearly stated that it was (even though I was never alerted to this extra fee nor did I read there would be one, ever). I than asked that a copy of my lease be made up for me to review. He said when I came to the office he would do that for me that I would also have to initial where the adjustment would be on my lease. That is where I am confused. He told me in one breath that the fee was on my lease but than told me I would have to initial the adjustment but yet the information is on my pet addendum (which again was never pointed out nor did I read that there would be an extra $10 fee) . My question is can my apartment complex legally make me pay this fee going forward even though it is not clearly stated in my lease agreement (obviously because I have to initial the agreement for the adjustment)?


Asked on 4/25/11, 12:52 pm

1 Answer from Attorneys
Richard Kaplan

I am a little confused on the facts given. However, very simply, if it is in the lease as it is now, then it is due. If it isn't, then they can't do much about it until the lease comes up. They can't make you now sign an addendum modifying the terms after the fact.

It sounds like your pet is legal, and though they didn't point it out, the $10 fee is there. So you may owe it. Initially it now makes no difference. They have to produce the lease you signed to a judge.

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Answered on 4/25/11, 7:32 pm


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