Q: Can a management company change the amount due on your rental by raising the pet fee mid lease?
We have not violated any of their rules and have been great renters. The management company has been avoiding us, hanging up on our calls, and threatening to file harassment but will not explain to us or show us in our lease how this is legal. Our lease states that no changes will be made unless in writing, signed by both parties. The pet agreement states that they may make changes to the pet rules, but nothing about adjusting the fees. The fees are to increase from $25 per pet per month to $50 per pet per month.
A: I agree that changing rules regarding pets are not the same as changing fees. This opinion however is limited in scope as a competent real estate attorney would need to see a copy of a lease.
A:
If the lease says there are no changes allowed except in writing agreed to by both parties, then you're pretty much covered. If it says this and then says 'but we can unilaterally make changes to x' the two parts of the lease are inconsistent.
Without seeing the WHOLE lease and the rules etc that were agreed to upon entering into the contract it is impossible to say for sure what the 'correct' ruling would be, and regardless, if the parties don't agree, it will ultimately be up to a court to decide. You appear to need a legal opinion and the only way to get that is to hire an attorney, and understand what your options and chances are in your specific situation. I'd strongly recommend consulting with a local landlord / tenant attorney to review the documentation and provide you real advice!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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