Is it legal for a landlord to deduct a management fee if they are an individual and not a company.

Question

We left a piece of bulk garbage and they had to organize it's removal and are charging us for the time it took them to do this

Answer 1

Yes it is. Essentially the landlord is a small business owner and his time comes at a price. Sounds like he was a money grubber though lol I think most landlord would have chalked it up as part of doing business.

Answer 2

That is an excessive charge.

Take him to court.

He cannot subtract the costs of him doing business out of your deposit...he can charge fees up front, but not subtract from the deposit.

He can deduct the cost of the garbage removal, but I sure as heck would like to know what cost him $150 to remove.

Answer 3

Of course. Check your lease. You are responsible for such charges. If you don't want to pay, simply get rid of it legally on your own. If he doesn't take it away, the city/county will penalize him and he will simply pass the fines along to you anyway, along with legal fees.

Answer 4

You are responsible for the removal of your garbage. You could have organized the removal of your bulk item, but left it for the landlord to take care of and now your paying for it.

If you had known what he was going to charge you, you would have taken care of it yourself, right?

If you disagree with the charge, send a letter disputing the charge and demanding the return of that portion of your security deposit. When the landlord does not cave to your demand, file in Small Claims court.

Answer 5

This is marginal at best, but honestly in court it could go either way. ie the Judge could say it ok for the landlord to charge or say its not - very unpredictable if this went to court.  However evein if you want to continue, to get your money back you will need to take the guy to court (worst case) and it may not be worth it in terms of time.  I'd call him up and tell him its not legal for him to take this fee as a landlord (don't mention that its a gray area - he probably won't know that - your' not lying, just putting the best face on the situation) and that you will take him to court if he does not refund the amount.

Then if he doesn't give you your money, if its a small amount I'd just forget it, if its a big amount go ahead and take him to court and hope for the best.

Answer 6

Yes, he can legally charge you. If he did not...next time you rent from a owner, you might leave more junk back because ...you think he can't charge you anyways. This is to protect the  landlord...however, it should be  a reasonable fee.