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Issues / questions with new apartment

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Issues / questions with new apartment

Postby JingoFresh » Fri Sep 20, 2013 2:01 am

I've been living in my apartment for about a month, and so far have run into some issues.

    Maintenance people have come into my apartment (to fix damage) without prior written notification, or consent.

    I have had trouble getting my cooking gas turned on as I need someone to provide access to the meter which is locked, and so far no one has done so.


Additionally, my late fee if I don't pay rent by the 4th of each month is 10% of that months rent. According to what I was reading across the web, generally only 5% is considered legal.

I did sign a lease saying I agreed to pay 10% if late....I guess my question is how enforceable is that?

I also noted my deposit was 2 months rent...is this illegal? Isn't it only meant to be 1 months rent?

What can I do about the possible violations the owner/manager has been responsible for above, or how can I research them further?

There is also a clause in my lease requiring 80% of my living room and bedroom to be carpeted...although it doesn't say renter is responsible for doing this. Is that even enforceable?
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Postby 10ants » Thu Sep 26, 2013 9:43 pm

Ask your LL to notify you about maintenance issues. I believe that they can come in to fix actual damage.

10% after 4 days seems rather usurious. It is in your lease, but I doubt that he could prove that your rent was more than 4 days late. very easily. I doubt he'd bother either; mostly these provisions are in there to intimidate tenants and give the LL a mechanism to 'waive' them in exchange for your leaving if you don't pay reliably.

2 months deposit is somewhat standard for a market rate rental; only R/S apartments restrict the deposit amount. The theory is first, last, and security. My ll told me that the reason was that tenants would often not pay the last month and use the deposit instead; if they trashed the place, he had no easy way of getting money out of them.
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Postby JingoFresh » Mon Oct 28, 2013 1:44 pm

10ants wrote:Ask your LL to notify you about maintenance issues. I believe that they can come in to fix actual damage.

10% after 4 days seems rather usurious. It is in your lease, but I doubt that he could prove that your rent was more than 4 days late. very easily. I doubt he'd bother either; mostly these provisions are in there to intimidate tenants and give the LL a mechanism to 'waive' them in exchange for your leaving if you don't pay reliably.

2 months deposit is somewhat standard for a market rate rental; only R/S apartments restrict the deposit amount. The theory is first, last, and security. My ll told me that the reason was that tenants would often not pay the last month and use the deposit instead; if they trashed the place, he had no easy way of getting money out of them.


Hey, thanks for your reply, and sorry for my delayed reply.

I know they can come in to fix damage, but not without prior written notice surely?

There was a while where they would just barge in with the key, no matter what I was doing, which I think is generally unacceptable...not to mention illegal.

I guess I'll deal with a late fee if I ever have to pay the rent late....but since they refuse to accept cash, I don't really see it as my problem (I don't use checks).

I think I was reading somewhere that more than 1 months rent can be considered illegal for a deposit....but I guess if you agree to it that's your fault?
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Postby TenantNet » Mon Oct 28, 2013 2:48 pm

Look at the two thread on Access rules in the Reference section of the forum (link above). No, they can't just barge in. They must give advance notice, for repairs usually a week. The exception is in case of a real emergency.
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Postby JingoFresh » Mon Oct 28, 2013 2:49 pm

Thanks, will do.

This agency had a bad reputation, I knew coming in...but I guess now I have somewhere to stand.
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