Thank you Rich-CA and John Merchant for your prompt responses. I’ve been parusing this site for quite some time and it always teaches me and that I always appreciate. I never thought I’d be actually using the site to query a situation, it gives me a different view than what I had previously. In my life I have only rented an apartment once for about 2 years when I first moved out on my own from my parents house, it had furniture. All my other rentals until now were unfurnished houses. I did live in a condo I rented up the street from where I reside now for about 4 yrs but it was sold by the owner so I had to move and only had 14 days to do so! I’m originally from Georgia as well so the state itself makes a difference in the way real estate is handled as well as the city. It’s different here for me than in my other home state. I never heard of anyone having control over when you turned your thermostat to air conditioning till this apartment but my friends at work say this is a commonality. I can only imagine other differences that others have to contend with that I don’t have to deal with in other properties! Thank you again gentlemen and ciao for now - Sheryl Victoria
My husband and I have resided in the same apartment complex in Denver Colorado for over 4 years. Earlier this month he told me that management said we had to pay a late fee for the utilities as we had the rental payment money order ready but didn’t add the water & sewage service which comes in the mail separately from it & that it was considered rent as well. I stock a supermarket nearby overnight so the daytime is my nightime & I didn’t have time to get the mail that morning after work. It doesn’t say in our contract that this is considered part of rent but my husband went ahead and paid the late fee anyway. A few years ago the complex changed it’s utility service company to per building instead of individual. My query is: is this (the water, sewage & gas) considered rent as well and if so why suddenly? I live in Spyglass Apartments.
Month to month rental agreement - Posted by John Merchant
Posted by John Merchant on April 26, 2008 at 04:08:14:
In a residential rental where T has been there for longer than a year, it’s now a MTM and your agreement is only for 30 days at a time.
Only “lock in” deal is written lease done as your state law requires and for that specific term on that specific unit.
If there are 100 rental units in the complex, each one could conceivably have separate rental agreement and rent amount and terms as they’ve been done over a period of time and mgr can make whatever changes he/she/it wants with new Ts.
Unfortunately it’s all too common for T not to read his rental agreement so he’s not really aware of what’s in there.
Now that you know that, go get it and read it, then you’re the expert on what it does, doesn’t say.
Any expenses you have defined in the lease as things you must pay for are “rent”. Some leases go further and list things that are considered “rent”
My lease actually does not take that approach. My lease specifically says any money you submit pays (1) HOA or other fines, (2) utilities, (3) repairs caused by tenant use and not from wearing out, (4) late fees, (5) fines for non-compliance (such as smoking in the unit) and (6) rent. This makes it clear how the accounting is handled and that any shortfall is a rent shortage.
The other method is perfectly defensible in court as it would be illegal for you to live in the unit without power, water or gas. Which actually would make it a prerequisite to being able to rent. Further, if the landlord pays the utilities and you pay him, he is loaning you the money to pay the utilities so you should be paying him to borrow that money (late fees).