Can I dispute a rent-up feeifa property company found me a tenant butit didn’t yet have a signed lease with them when I terminated our contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I dispute a rent-up feeifa property company found me a tenant butit didn’t yet have a signed lease with them when I terminated our contract?
I retained the services of a property manager to rent my condo. After 2 months I informed them that I needed to cancel their service. I was then told that they had found an approved renter who had sent them a deposit ($1775) in good faith, but had not signed the lease. I received an email that a $500 cancellation fee was due; which is in the agreement I signed so I am in agreement with the fee. However they also said a rent up fee of $1775 was due because they had fulfilled their obligation to find an approved renter. My agreement mentions no rent-up fee. Do I owe this additional money?
Asked on May 27, 2011 under Real Estate Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, absolutely not. The four corners of the contract offered and accepted (with each party giving consideration) are what creates the meeting of the minds (bargained for exchange) and the legally enforceable contract. As to the rent-up fee, if it is not in the original agreement, it is not enforceable. Further, the company did not fulfill its contract because it did not provide a signed lease or renter. It only provided the possibility of a renter. Re-check your agreement about the actual obligation of the property manager and go from there. You should also keep the cancellation fee because it didn't fulfill its obligation so really no service, no cancellation fee.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.