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Please Help - Condo "Move In" Fee (question)  
User currently offlineVio From Canada, joined Feb 2004, 1398 posts, RR: 10
Posted (4 years 12 months 3 days 14 hours ago) and read 7485 times:

Hi everyone,

First of all, I DID NOT BUY THE CONDO and I DO NOT OWN IT.


Two weeks ago I signed a contract with a private individual to rent their condo for a period of one year. The condo is great, the rent is fair ($1100 /month). Tomorrow I'm supposed to move in and I have given her the security deposit and I have the first month check ready.

Today we talked on the phone to arrange the move in inspection etc and she told me that the building requires a "move-in fee" of $150.

1. She never stated that I am responsible to pay that (in the contract)
2. Am I responsible for this move-in fee? or is she responsible as THE OWNER of the condo?
3. She tells me this one night before and sais "Oh sorry, I forgot to tell you, but this is not my rule, but the building's rule"

4. Do I have to pay this????

Thanks guys,

P.S. The condo is in British Columbia (Greater Vancouver Area)


Superior decisions reduce the need for superior skills.
8 replies: All unread, jump to last
 
User currently offlinePhotopilot From Canada, joined Jul 2002, 2716 posts, RR: 18
Reply 1, posted (4 years 12 months 3 days 13 hours ago) and read 7469 times:

Well first of all, make yourself an INFORMED tenant. Read the BC Landlords and Tenancy Act.

http://www.bclaws.ca/Recon/document/...02002%20%20c.%2078/00_02078_01.xml

I don't believe that you have to pay this fee. The landlord would be responsible for it. The landlord cannot deny you occupancy of your unit and not letting you move in without paying money to a third party (the condo corporation) is not going to stand IMHO.


Why not call your local TRAC (Tenants Resource and Advisory Center) hotline

Vancouver Area
604.255.0546

Outside the
Lower Mainland
1.800.665.1185

http://www.tenants.bc.ca/main/


User currently offlineGQfluffy From , joined Dec 1969, posts, RR:
Reply 2, posted (4 years 12 months 3 days 13 hours ago) and read 7469 times:

Hmmm. Does she work? Is she going on vacation? Sudden cash shortfall? I'd be rather pissed to tell you the truth.

EDIT- Nevermind what I said...but I'll leave it anyway. Big grin

[Edited 2009-07-24 18:52:08]

User currently offlineVonRichtofen From Canada, joined Nov 2000, 4627 posts, RR: 36
Reply 3, posted (4 years 12 months 3 days 10 hours ago) and read 7429 times:

I've never heard of a move in fee, at least in Calgary.

Sounds like BS



Word
User currently offlineMCOflyer From United States of America, joined Jun 2006, 8661 posts, RR: 15
Reply 4, posted (4 years 12 months 3 days 7 hours ago) and read 7402 times:



Quoting Vio (Thread starter):

I agree it is very fishy and my suggestion is to take photopilots advice and make a couple of calls. The only fees I have heard were pet deposits, and application fees.

Hunter



Never be afraid to stand up for who you are.
User currently offlineAirframeAS From United States of America, joined Feb 2004, 14150 posts, RR: 24
Reply 5, posted (4 years 12 months 3 days 6 hours ago) and read 7393 times:



Quoting Vio (Thread starter):
4. Do I have to pay this????

IMO, no. If the landlord did not point that out in the lease (which is the landlord's responsibility where you and the landlord would initial next to the fee quote ON THE LEASE AGREMENT....) then you are not responsible. But do not quote me on that. If I was put in that situation and the landlord all the sudden told me I needed to pay that fee, I would call their bluff and declare a breach of contract on his/her/companies part. A huge  redflag .

Quoting Photopilot (Reply 1):

I'd take his advice. And you also might want to contact the BBB (Better Business Bureau), that is if Canada has a Canadian version of the BBB, to find out if these people are fishy and if any complaints have been filed with the Canadian BBB.



A Safe Flight Begins With Quality Maintenance On The Ground.
User currently offlineMD11Engineer From Germany, joined Oct 2003, 13964 posts, RR: 63
Reply 6, posted (4 years 12 months 3 days 5 hours ago) and read 7384 times:

I had a similar experience before as well in CGN:
I found out about a flat through an add posted in a local newspaper by the previous tennant (in Germany you´ll have generally to give your landlord three months notice if you want to cancel your renting contract. You can get out of the contract faster if you offer him at least three possible tennants to take over your contract, else you could end up paying for two houses for several months, or you can prove that the landlord didn´t suffer any financial loss by you getting out before the three months).
I liked the place and was picked from several applicants due to having a wellpaid, stable job.
The house was owned by an elderly woman, who on the phone demanded a reasonable rent plus the usual three monthly rents deposit (to cover any damage you might do to the house or any rents you might owe her. If everything is ok you´ll get the money plus interest back when you move out).
When it came to signing the contract, there was suddenly this bloke there. The landlady introduced him to me as her son-in-law and told me that he was acting as a real estate broker in this case (he had a real estate business). He then demanded two months rents as "brokerage fee". The thing was that up to this moment neither the former tennant nor myself had any business with this man. I found the flat through the classified add the former tennant had posted, no broker got involved, but the man said no kickback, no contract.
Since I needed a place to stay urgently, I was forced to pay him, though it was clearly illegal.

Jan


User currently offlinePhotopilot From Canada, joined Jul 2002, 2716 posts, RR: 18
Reply 7, posted (4 years 12 months 3 days 1 hour ago) and read 7363 times:

I think where the difficulty is causing the problem is that there are two entities at work here.

The OP is renting a condo unit from a single condo owner. However it would appear that the Condo Board of Directors has a condo "rule" or policy that requires a move in/move out fee, perhaps to ensure against damage to the building or something.

The OP is only responsible for the contract (lease) he has signed with the individual condo unit owner who he is renting from.
The condo unit owner is responsible to the Condo Board and the building.

It sounds like the condo unit owner forgot to tell or account for the condo Bldg fee with the OP when he rented him the unit. That's tough luck for the condo unit owner, because at no time does the condo blgd rule become applicable to the OP.

Tenancy laws apply to the OP, not condo laws.


User currently offlineAirframeAS From United States of America, joined Feb 2004, 14150 posts, RR: 24
Reply 8, posted (4 years 12 months 2 days 20 hours ago) and read 7322 times:



Quoting Photopilot (Reply 7):
However it would appear that the Condo Board of Directors has a condo "rule" or policy that requires a move in/move out fee, perhaps to ensure against damage to the building or something.

If that is the case, it would be the condo operator's responsibility to point that out in the lease contract where both, the lessor and lessee initials on the lease contract to show that it was brought up and understood. But it appears in this case that the lessor did not mention anything about it. IMO, all bets are now off. He should not have to pay.

Quoting Photopilot (Reply 7):
The condo unit owner is responsible to the Condo Board and the building.

 checkmark  It still looks like somebody up there did not do their job properly.

Quoting Photopilot (Reply 7):
hat's tough luck for the condo unit owner, because at no time does the condo blgd rule become applicable to the OP.

 checkmark 



A Safe Flight Begins With Quality Maintenance On The Ground.
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