Many apartment complexes these days charge mandatory fees for amenities and services beyond just rent. One common additional charge is for valet trash service, where the complex arranges for trash to be collected from individual units rather than residents taking it themselves to centralized dumpsters.
This article will examine whether apartments can legally require residents to pay for valet trash even if they do not wish to use the service.
Can apartments require valet trash fees as part of rent?
Generally speaking, yes apartments can include reasonable mandatory fees for amenities and services as part of the lease agreement. Valet trash collection is considered a provided service on the same level as things like parking, security, or access to common areas.
As long as the fees are spelled out clearly upfront before a resident signs the lease, they are under no legal obligation to use the services but do still have to pay the associated fees.
Does it matter if the service provides no value to me?
Unfortunately, no - apartment complexes can charge for amenities and services even if individual residents receive no personal benefit or choose not to use them. The fees are considered payments toward building operations and infrastructure that provide overall value to residents, even if some amenities do not align with personal preferences.
As long as a service like valet trash is available to all as advertised, declining its use does not release the obligation to contribute to related costs.
What if I'd prefer to take out my own trash?
While residents cannot decline paying reasonable mandatory fees, some complexes may offer limited exceptions in special circumstances. For example, if taking your own trash to a centralized dumpster poses no issues due to disability or other hindrance, the landlord should consider allowing an exemption with proof.
However, they have no obligation to make individual exceptions, and residents still sign up under the agreement that most services involve mandatory contributions.
Do I have any options other than just paying it?
Outside of trying to negotiate an exception as discussed above, residents have little power to refuse mandatory fees they do not agree with once signing the lease agreement. The best options are to consider these types of charges carefully before committing to a new lease, look for properties without certain mandatory fee structures, or be prepared to pay all advertised costs upfront that are legally classified as reasonable service fees by the landlord.
In most cases, the choice is whether to take the lease under those terms or keep looking for alternatives.
What if I think the valet trash fee amount is unreasonable?
Challenging the actual price of a mandatory fee requires stronger justification and evidence. Residents would need to argue the fee exceeds demonstrable actual costs of providing the service and is set purely as an unlawful profit mechanism. This can be difficult to prove without access to service vendor contracts and property financial records.
Court cases also suggest fees within roughly 25% of other similar complexes are usually still seen as reasonable. Small price differences alone are unlikely grounds to not pay.
Is there any recourse if I refuse to pay these types of mandatory fees?
Unfortunately not paying reasonable mandatory fees as spelled out in the lease is grounds for eviction and legal action the same as non-payment of rent. Complexes can require fees be paid in full and on time each period, and pursue all standard remedies like late fees, penalties, filing an eviction if non-compliance continues.
Residents who believe certain fees are genuinely unlawful may consider small claims actions, but are still obligated to make timely payments to preserve their tenancy while any challenge is ongoing.
Conclusion
In summary, most rental property experts agree apartment complexes have strong legal ground to enforce reasonable mandatory fees within the lease as spelled out upfront, even if individual residents receive no personal benefit from the related services.
Valet trash collection is typically viewed as a building service that can involve mandatory contribution even from those who take out their own trash. While residents may advocate for personal exemptions in some circumstances, they should be aware these types of fees are part of their contractual commitment when signing a lease agreement.
