Landlord Question and Answer Forum

Hello, I am from Ohio, and have problem with my landlord. The company requires all residents to give them access to your bank account so they can auto withdraw the rent every month. (annoying, but very smart/efficient). My issue is a contract provision that allows them to withdraw an extra $200 in the first month of rent. They recently sent me an email saying they are going to auto withdraw the $200 in December. The funds should have been withdrawn in August. (The way the emails have been going, it looks like they forgot to do it). Anyway, they want it now. In the email, they included the clause from my contract that I do not dispute, it states: “In addition to the Rent, Tenant shall pay to Landlord, simultaneously with the payment of the first month’s rent, a one-time Lifestyle Fee in the current amount of $250.00 for the initial Term in order to help defray the cost of facilities and services provided to tenants at the Project.” (It is $250 your first year there, but b/c it is my second year it decreased by $50). My question is whether the "simultaneous" part of the contract prohibits them from collecting. I asked them, and they said no, I agreed to pay it. Then I clarified and said that I agreed to pay it simultaneously, not whenever they wanted. This morning, I got a threatening letter, that says I am in default of my lease now, and they are going to take action if I don't pay the $200. They never gave me any notice of default until, they realized it may be their only hope to get the money. Can you just throw someone in default, when they make all their rent payments on time, and never got any notice of a default?! Looking for any help on what my options are at this point. (I know $200 seems little, but these people screw/nickel and dime us all the time on this kind of stuff).

I do not think so. If it says it is due in your contract and has not been paid, than it is still due. Just because they have not requested it formally does not mean it is not due. Technically rent is due every period. But if you fail to pay the rent and your landlord fails to send notice, that does not mean it is not due. The contract is in effect that "notification". they may not be able to use the "auto" withdrawal method since technically they do not have current authorization. But even that is debateable. Good luck.

Posted by Denise S, PA on Wednesday, November 10, 2010