Legal Question in Landlord & Tenant Law in Georgia
My wife and I live in an apartment community in Suwanee, GA. At our complex there is a trash compactor conveniently located at the exit, with an area to pull over and take bagged trash to the compactor. It works very nicely, and there is not an issue with littering in the community. This "waste" service is provided and paid for by the apartment managing company. Residents do not pay for this waste removal service. Just recently, we were made aware that the apartment managing company has hired an outside company to provide a "valet" waste pick-up, in which the valet service will do a door-to-door pickup on weekdays, as per the instructions provided by the valet service. There is not an option to opt-out of this service, and regardless of whether residents use the service, there will be a monthly charge of $17. The term "waste" is not found within our lease. We were told by the leasing office that "waste", and "water and sewer" are not the same. As per our lease: "Resident gives Management the right to select any utility provider and change the same without notice." This is the only sentence in our lease relevant to the subject at hand. Our "water and sewer" bill is billed seperately from a different company, but paid in combination with monthly rent to the leasing office. The trash compactor will remain in place, and residents have the right to continue to use it, yet will still be charged for the new valet service even if it is not used. The valet service will deposit the waste they remove from their door-to-door collection in the same trash compactor, which will continue to be removed by the same waste management company that has been in place for quite some time. This new valet service will be billed to the "water and sewer" bill each month. My arguement is that, clearly the valet waste service is a "waste" service, and is not a stated utility in our lease, and therefore, since a waste removal service is already in place, and paid for by the apartment managing company, the new valet service should not be mandatory service for all residents, and residents should be given the option to opt-out of this new service. It is clear that this new service is a "waste" removal service, and should not be billed with the "water and sewer" bill, as it is clearly a "waste" removal service. In addition, with regards to the word "change" in our lease agreement, this is clearly not a "change" of utility service, but an addition to a free service already provided by the apartment managing company, and residents should have the option to opt-out as this is an additional service providing the same utility already in place. With the information given, must the apartment managing company offer residents an option to "opt-out" of this new valet waste service? If I refuse to pay the $17 monthly charge for the valet waste service, will I be in violation of my lease, as it relates to making on-time payments for utilities, if the apartment managing company must give residents the option to "opt-out" but refuses to do so without legal action?
1 Answer from Attorneys
I'd have to read the lease, but from what you say, the landlord could be violating the lease.
You could decide not to pay the $17, and I suspect they will then file to evict you, and a Judge will decide who is right. Bear in mind that if you lose you will owe attorneys fees and costs, and, if you win, you'll have to move anyway, as they likely won't renew the lease.
Instead of that, make a complaint against the complex with the state office of consumer affairs and the Better Business Bureau. You may win, but bear in mind you'll likely have to move later, and next years lease is going to have clearer language.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
