Legal Question in Landlord & Tenant Law in Washington
Landlord changing policies not in lease agreement
Our lease states that if rent is received after the 5th of the month, a $50 late fee will be charged. We got a note under our door stating that in 4 days (10/1/05), not only a $50 fee, but $5 a day fee will be added until rent is paid in full. Can they do this if our signed lease states otherwise? Also, we have to pay our (unmetered) water bill to them, not the water company. They said if you do not pay rent and water in full at the time rent is due, they will return your check (for rent) by mail and a late fee will continue until both are paid. Can they do this since water is not part of the rent? Our lease just says how much rent is and that water/sewer is our responsibility. It does not even state that we pay water to them in it.
2 Answers from Attorneys
Re: Landlord changing policies not in lease agreement
No. your landlord has to abide by the terms of the lease, if there is no provision for an extra late fee, other than the $50.00 fee, they cannot charge it to you. The only way they would be able to do so, is if they gave you prior notice that they would be changing the terms of the lease. They cannot continue to charge you late fees for non-payment of water/sewage if you are current in rent.
Re: Landlord changing policies not in lease agreement
IF your agreement is a month-to-month, the landlord can change terms - after giving you 30 day's notice that the term is changing. Read it carefully. A lease is for a term greater than one month, less that (or) a year. If you have a lease then the landlord does not get to make unilateral changes to the terms.
You might want to politely ask that they provide you with the basis for your water bill so you know what you have to pay.
In the long run, its best not to reward landlords for acting like Nazis. If these people are that difficult, you'll be better off elsewhere. There are resources you can contact for help with eviction issues - even if you are not in King Co., don't hesitate to call King County Housing Justice Project at 206 105 8060.
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