[Landscape1972]

Hello,

We live in Jersey City since 2 months, have signed for a 1 year lease and received the below letter today:

Dear Residents:

As of October 1, 2014 [property management name, in short pmn] will be changing the policy for residents storing personal items in basements. Historically, when [pmn] took over your building(s), there was an open policy regarding tenants keeping personal items in the storage room associated with their apartment. However, it has now been determined by management that a $25/month charge will be put in place for all use of storage in the basements. Residents have until October 1 to move all of their items out of storage and sign an added addendum to their lease adding the extra fee for storage to be included each month in their monthly statement

The lease doesn't specifically mention anything about what is included (such as the basement or the garden, even if both were included in the original ad for the apartment). Each apartment has their own little Basement room within the larger basement.

1. Can we assume that the basement usually belongs to the apartment, even if not specifically stated?
2. Is this a legit demand to add AFTER the lease was signed?

Having said that, we have experienced a lot of neglect from the management company (which is owned by the landlord) since the humble 2 months we live in the apartment, so we kind of expect worse things from happening. Any way we can do anything about being continuously neglected or frustrated?

Thanks in advance.

[smoothy]

You can't assume anything is included outside the four walls of your apartment if its not specificically in the lease. Specifically any storage spaces. As I see it that's an extra perk that wasn't included in writing. And because it wasn't specifically included in the lease (in writing)... they can charge it.

[Fr_Chuck]

I would address it, in a letter back to them,

We received notice of your intent to start a new fee. Since we have a signed lease, that may be added, on renewal, since the current lease can not be changed.

At least that is what I would do, since it was allowed, and being done, it is now a change.

** the issue legally, is it is not written into the lease, but since it was common and accepted practice, I think, the court may agree with you.

*** BUT... if they are willing to take it to court, since it is not part of the lease, they can not add this to your rent. But they can sue you for the storage fee's, maybe even try to sell items stored without payment.

[ScottGem]

I agree with Chuck. I think this is very iffy. If each space is marked with the apt # and you got a key for the space or where permitted to put a lock on it then that space would be assumed to be included in the lease. I brought to court I think you would win.

So I would respond to their letter telling them you believe the space to be part of your art rental. Therefore, they cannot impose this fee until your lease is up for renewal. I would, however, put the extra $25 in a separate account in case they do sue and win.