Can a landlord start charging me for formerly free storage?

July 2, 2007 7:23 AM

I"ve been using the basement under my apartment as shared storage space with other tenants since I moved in over 3 years ago. The property management now wants to charge me for this. Should I fight this or just start paying?

I live in a complex of about 100 apartments. Each building (4 apartments per building) has a locked basement underneath that tenants are using as shared storage.

When I originally was evaluating the property the storage space was a factor in my decision as I have a lot of tools and car parts (extra wheels with winter tires, hard top for my jeep, etc.)

It was represented to me by the former superintendent as free, and I was given a key to the basement door along with my apartment keys when I signed the lease.

There is no mention of the basement or any other storage space in my lease.

Last Friday the superintendent put the following notice in my mailbox (verbatim):

"Notice to All Tenants: All basements must be completely empty. Dumpster located behind parking lot in gravel area. All items left in basement will be disposed of. Storage rooms will be provided upon request for $20/month. Contact superintendent with any questions. - Management"

After talking to the superintendent, I found out that their plan is to install plywood and/or chicken-wire barriers to subdivide the basements into lockable storage units and then charge $20 per unit.

I told him I'd be willing to cooperate by moving my items temporarily so they could construct the walls to subdivide the space and make it more secure, but that I had a problem with having to pay extra for a utility that I thought was included when I signed the lease. He claimed to be just following orders and that I should take it up with management.

Do I have any leg to stand on to contest this new charge?

posted by de void to home & garden (6 comments total)

IANAL, and it probably depends on where you live, but my gut feeling is that if it's not specified in the lease, you're probably out of luck.
posted by the dief at 7:47 AM on July 2, 2007

I don't think $20 a month is unreasonable, especially considering that you've gotten it for free for over three years. Free (or even for-rent) storage space is not necessarily a common feature in most apartment buildings, in my experience. I know it's not what you want to hear, but I think you should just pay it.

However, I also think you should feel free to negotiate it. Instead of telling them you don't want to pay, why don't you tell them that because you've been there so long and have adjusted to it being included in your rent. Offer to pay $10 and see what happens.
posted by hermitosis at 8:13 AM on July 2, 2007

talk to other tenants and see what their reception of this change is. Most people will probably bite it, but if there's enough of your maybe you could get them to reduce it. Just a suggestion.
posted by chrisbucks at 8:23 AM on July 2, 2007

Unless the $20 represents a sizable percentage of your rent - I'm assuming instead it's more like 2-5% - you should probably just shrug and pay it. I'm guessing you're not in a rent-controlled area so they could easily have instead bumped your rent $20 every month and just changed this policy.

Why not drop management a polite note saying that you're a little disappointed in this change since the storage space was a major factor in your choosing this apartment and it had been portrayed to you as included in the rent. Mention that you've been a good tenant for three years now and would they consider making a good-faith gesture and waiving the $20 through your next lease renewal?

Continuity of renters is a big deal for a landlord - if that unit sits empty for every one rental cycle while they replace you it'll cost them notably more than the $240 they're throwing you if they accept this offer. There's no guarantee they're that rational but you'll never know till you ask.
posted by phearlez at 8:24 AM on July 2, 2007

Even if it is not specifically mentioned in the lease, the amenity should be considered part of your contract. You entered into the contract with the expectation that your lease would include this amenity. Your landlord explicitly recognized this and authorized you to use it by giving you a key.

This is not a case of the amenity being broken and the landlord refusing to fix it, which might be covered under an exclusion of warranty in your lease. The landlord is taking something that you have already paid for and demanding that you pay for it again. This is an illegal rent increase. Here is some legal information on rent increases in New Jersey.

Note that there is nothing stopping them from adding this term or raising your rent at the expiration of your lease. And that I'm not a lawyer. Despite the fact that I think this increase is illegal, the more conciliatory approach as suggested by phearlez is probably the best way to start. If you write the management, make it clear that you deny that the increase would be payable even if they choose not to waive it.
posted by grouse at 8:39 AM on July 2, 2007

I would think that if the former super gave everyone keys for the space to presumably store things that it would have have been construed that the space was included in the rent.
posted by JJ86 at 9:01 AM on July 2, 2007