Landlord not paying condo fees - what to do?

[Anonymous]

What would you do in this case? Our landlord is late on their condo fees (again) leading the board to cut our access to building amenities (gym, pool, etc.) Should we ask for reduced rent? Demand it? Our preference is that they pay their damn condo fees so we can use the building amenities, several of which were key to our decision to live there. However, we are almost halfway into this month's rental period and still nothing. FWIW, this is not the first time we've been caught between the owners and building - we were instructed by the building law firm last year to pay our rent to them because of the delinquent condo fees.

[Anonymous]

Wow thats messed up. It is definitely their responsibility to pay them as I am sure the amenities are a part of the whole package.

I would start deducting the amount for condo fees from your rent and pay them directly to the building or tell you landlord to start paying!

[Anonymous]

i think the tenant should pay the fee

[Anonymous]

Are they late on their mortgage too? My guess is yes. I would definitely ask for reduced rent, but you might want to talk to someone who knows the law better than I do.

[Anonymous]

Anonymous wrote:i think the tenant should pay the fee

Its part of their rent...why the hell should they pay the rent AND the condo fees? Thats absurd. I hope you are not a landlord!

[Anonymous]

Anonymous wrote:i think the tenant should pay the fee

And you'd be wrong.

[Anonymous]

I think legally you still have to pay the full rent to the landlord. Sorry. It would be different if there was no heat.

[Anonymous]

Anonymous wrote:I think legally you still have to pay the full rent to the landlord. Sorry. It would be different if there was no heat.

No- not if the amenities are in the contract. If the landlord is not paying and the contract cites the use of the amenities and they cannot use them bc the owner is not paying then it is in breach of contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think legally you still have to pay the full rent to the landlord. Sorry. It would be different if there was no heat.

No- not if the amenities are in the contract. If the landlord is not paying and the contract cites the use of the amenities and they cannot use them bc the owner is not paying then it is in breach of contract.

Yeah, but that needs to be worked out in small claims court not by being delinquent on rent. If they don't pay rent, they could get sued. I do think they should look into their rights.

[AroundTheBlock]

Anonymous wrote:What would you do in this case? Our landlord is late on their condo fees (again) leading the board to cut our access to building amenities (gym, pool, etc.) Should we ask for reduced rent? Demand it? Our preference is that they pay their damn condo fees so we can use the building amenities, several of which were key to our decision to live there. However, we are almost halfway into this month's rental period and still nothing. FWIW, this is not the first time we've been caught between the owners and building - we were instructed by the building law firm last year to pay our rent to them because of the delinquent condo fees.

Property manager of over 60 properties here.

You need to read the lease and review the section for Landlord responsibilities. Look for any language that specifies the Landlord is responsible for maintaining scheduled payments of the condo fee. If you can find this the Landlord is in default and you can go after him with an attorney. If you have a solid case the Landlord will pay for your attorney fees.

[Anonymous]

OP here - thanks for the suggestions. No way in hell am I paying the condo fees. I'm a landlord, myself - that's ludicrous.

[Anonymous]

Look up to see if there's a department of landlord-tenant affairs in jurisdiction where you live. They might be able to help bring your landlord in line and explain what your rights are.

[Anonymous]

I'd consider moving before you get caught off-guard having already paid a month's rent and being evicted since your landlord let the place go into foreclosure. I'd seriously consider the fact that your landlord may not be keeping up with his mortgage either and is just pocketing your rent. This happened recently to a couple in our neighborhood who were renting a house.

[Anonymous]

Anonymous wrote:I'd consider moving before you get caught off-guard having already paid a month's rent and being evicted since your landlord let the place go into foreclosure. I'd seriously consider the fact that your landlord may not be keeping up with his mortgage either and is just pocketing your rent. This happened recently to a couple in our neighborhood who were renting a house.

This is a good point, but you can't be evicted until the lease expires. Sometimes filthy stinking rich people are really bad about paying their bills. I'd want to know if I was dealing with this, or a landlord in genuine financial distress.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'd consider moving before you get caught off-guard having already paid a month's rent and being evicted since your landlord let the place go into foreclosure. I'd seriously consider the fact that your landlord may not be keeping up with his mortgage either and is just pocketing your rent. This happened recently to a couple in our neighborhood who were renting a house.

This is a good point, but you can't be evicted until the lease expires. Sometimes filthy stinking rich people are really bad about paying their bills. I'd want to know if I was dealing with this, or a landlord in genuine financial distress.

Wrong. Once foreclosed all bets are off. I speak from experience (in VA).