TCS collective -- if you were me...

It's that time of the year where there is No Rest for the Weary. It's also time when leases are up and renewal offers are sent out.

My dilemma is this: I think the management company is trying to scam me and it's probably legal.

Right now I live in Room 4 with my friend. I've been wanting to move to another unit in the same complex, because Room 4 is in the basement level, and I really crave for natural sunlight. Other than that, this apartment complex is one of the best places I've lived in. Crime-free, little noise, plenty of services and retail shops around, lovely lovely landlady that my cat likes.

My landlady just told me that one of their tenants cancelled their renewal for Room 5, which is right upstairs, and she is offering it to me first before letting others know. Room 5 is everything Room 4 is, plus the much needed sunlight (it's on the second floor). In other words, perfect.

However, the management company ("WW") highly discourages transfers -- i.e tenants moving to a different unit within the same property. Because of that, they are charging $250 for changing roommates. My current roommate is moving out and I have a new friend moving in. 

In addition, and this is the part that is "scammy", they require that I pay the costs of prepping my current apartment, Room 4, for re-rental. The cost of this is around $1000 (rough estimate). Their rationale is that, by transferring, they now have to prep two units (#4 and #5) instead of just #5 if I had just stayed where I am right now.

What happens if I move out completely? If I do that, I no longer have to pay $1000. How dumb is that? New tenants don't pay this "cleaning fee", because this fee is factored into the monthly rent. In my case, it's double-dipping.

So $1250 just to move to a different unit.

I really want to stay here. It's so hard to find a nice location, cat-friendly, nice landlady, no crime, little to no noise (very few parties here). But $1250 is ridiculous. That's the price of security and peace of mind, knowing that my next couple of years here is at least going to be pleasant. But is it worth it? Surely this can't be the only "nice" place within 20 miles. Is the unknown and the gamble of finding another place to live in, worth saving a few thousand dollars?

What would you do?

where are you ?

Do you have a rental/lease agreement?  I'd check the fine print--it sure does sound like double-dipping!  

Check the laws for tenants rights in your state, too.  

betsygee said:

 
Do you have a rental/lease agreement?  I'd check the fine print--it sure does sound like double-dipping!  

Check the laws for tenants rights in your state, too.  

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I forgot to mention that. Nothing in my current lease agreement covers that, except the $250, which I'm okay with. It will be on the new lease though, which I will then have the option to refuse to sign.

In my state, refundable cleaning fees are illegal; in the same vein, security deposit cannot be used towards the cost of cleaning the apartment under normal wear and tear. On the other hand, courts have upheld non-refundable cleaning fees, so it's not illegal.  

My landlady is offering me a workaround. I would renew my current lease for Room 4, and then get someone to take over the lease. This way management wouldn't need to prep Room 4. This is still super risky as if I cannot find a takeover tenant, or if they bail out for some reason, I'm left holding the bag of two active leases.

This is common practice where I live.  I hate to say it but I understand it.  There are certain things they are required to do when an apartment goes to a different tenant, the list of requirements gets longer the longer someone has lived there.  If you move to another apartment within the complex they have to fulfill the requirements for the apartment you moved out of and then they do it again when you move out of the complex. 

Denice said:

 
 I hate to say it but I understand it.  There are certain things they are required to do when an apartment goes to a different tenant, the list of requirements gets longer the longer someone has lived there. 

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I would love to hear more about this. I want to understand this from their point of view. What kind of requirements, and how do they differ from existing resident renewing leases?

Wow, Cory. I don't know much about leasing apartments. I hope you can come to some kind of understanding with the company. 

I am sure it is different from state to state.  I used to work with a woman who worked part time in a leasing office while she was in school and she was telling me about it.  If carpet is at least 6 years old when someone moves out it has to be replaced.  If the flooring and countertops in the kitchen and bathroom are at least 10 years old they have to be replaced.  If a tenant has lived in an apartment for at least 10 years a check for mold spores has to be done and if the apartment doesn't pass that could easily mean the apartment would basically have to be gutted.  That is in Ohio I don't know what it is like in other states.

I'd call the tenant council first thing, explain the situation to them, and let them tell you your rights and what action (if any) you can take. You don't say what state you are in, and like others have mentioned, laws vary widely from state to state. Your landlady sounds so nice - if what the property management is doing is legal, I would take the "out" she's given you.

SwampWitch said:

 
I'd call the tenant council first thing, explain the situation to them, and let them tell you your rights and what action (if any) you can take.

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The tenant's union said to clarify with management whether I'm "transferring my lease" or signing a completely new lease. If I'm "transferring", it's perfectly normal to charge such a fee. Otherwise, I'll have to call an attorney (they gave me a referral).

I thought it was obvious that I am signing a new lease, but it sort of makes sense when they put it that way, because my landlady used the word "transferring apartment units" and "lease modification fee", and I am "allowed" to move in a month before my current lease is up. I'm waiting for her to be back at the office so I can ask.