August 06, 2024
Can landlord raise valet trash fee before the end of lease term?
Dear Consumer Ed:
I just got my monthly statement from the apartment complex where I live, and they have increased the charge for my valet trash from $25 to $35. Can they legally raise the fee in the middle of my lease term and without prior notice? The $25 fee already seemed excessive, given that private homeowners in my city are only charged $13.40 per month for trash pick-up.
Consumer Ed says:
Whether a landlord can increase the valet trash fee in the middle of a lease term without notice depends on the terms of your lease agreement, so read over your lease carefully. If the lease states that the tenant is responsible for the cost of valet trash and stipulates a set fee, then that fee is separate from your rent and can likely only be increased at the end of the lease term—unless your lease contains any clauses that allow for mid-term price adjustments.
If your lease states that the landlord is responsible for the trash, then the valet trash fee would be included in the rent, and the landlord would have to wait until the lease term is over to raise the rent, or, if there is no written lease, provide 60 days’ notice of the valet trash bill increase.
If you believe the fee your landlord is charging for valet trash is excessive, you may want to research what other apartment complexes charge for this service. Keep in mind that valet fees may vary based on factors such as the number of apartment units, the number and location of dumpsters, service elevator availability, and stairs. Once you know what comparable apartment complexes in your area are charging for valet trash, you can use that information to try to negotiate the fee with your landlord before signing a new lease. If the landlord still refuses to lower the fee, you can always consider moving to a more affordable apartment complex.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.