Legal Question in Real Estate Law in Illinois
We are renters of a condo unit and recently found out that our Condo Association charges at move-OUT fee of $250 non refundable. This was not disclosed at the time of our Lease signing with a third-party rental agency, and there is no mention of a move-out fee specifically on our lease. The only things listed are: security deposit, move-in fee (non refundable), and elevator deposit (refundable).
Our Landlord is claiming that the rental agency should have gone over all the fees with us and should have given us a copy of the rules & regulations. We never received a copy of the rules & regulations of the condo association. Our Landlord now says that there is language in the Lease that says Tenant shall abide by all rules & regulations of the Condo Association. I am assuming this is where the move-out fee is mentioned.
We refuse to pay the $250 as we were never properly notified by the rental agency, never received a copy of the rules & regulations, and that our Lease does not specifically state the move out fee when it states other fees & deposits. Do we have to pay this fee? We are concerned that if we don't pay, our Landlord will deduct it from our security deposit. Also, the condo association management claims the fees are for "mail box" purposes and paperwork, which seems outrageous to me. It is not for cleaning or anything!
Any advice is most appreciated. Thank you.
1 Answer from Attorneys
It would be my position that if the move-out fee was not disclosed in the lease, it is not enforceable. The practical problem, of course, is that they may deduct it from your security deposit. Then, you will have to sue. Question: did you lease this unit from the owners, the condo association, or through a broker? How many units??
I would offer some practical advise here: when you do move out, make SURE that you video EVERYTHING (carpets, wall, stove, inside refrigerator, toilets, etc.) as you can be sure that the Landlord will claim damage for everything under the sun.
Good Luck!
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