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Apartment Rent drop box no longer available without prior tenant notification - do they have the right?
I've rented this apartment in Texas for more than 3 years. There is a rent drop box inside the apartment office and one with outside drop access. My lease clearly indicates late fees will be assessed if paid after the 2nd of the month. It also has a section regarding payment where 2 boxes are checked:
Rent and Charges. You will pay $___ per month for rent, in advance and without demand:
x at the on-site manager's office
x at rent drop box
After hours today I found the rent drop box has been sealed with notification that it is no longer in use.
Questions:
1) does the complex have the right to remove after hours rent drop box considering it was in the written lease and has always been available until now? Note, online payment is not an option.
2) if so, aren't they required to offer an after hours alternative?
3) aren't they required to notify residence in advance, something other than a note posted on the drop box?
Thank you, Frank! I slipped my check under the office door to be in compliance with the lease.
On an unrelated note, it really bugs me when people choose a down thumbs rating here without offering a better answer.
4 Answers
- ?Lv 79 years agoFavorite Answer
If this goes to court, you will prevail. You have a contract, and you have made a good faith effort to abide by the contract. They cannot unilaterally change the terms of the contract. Slip the check under the office door and folllow up tomorrow. If that isn't possible, pay it tomorrow.
If they give you trouble, remind them that you have been a good tennant for 3 years and you have abided by the written contract. If they have decided to not provide the drop box specified in writing in the written contract, that is their breach, not yours. You hope they will be able to recognize their responsibility for the situation, but if they refuse, you are prepared to do everything within your rights as a tennant, which will cost them far more than a late fee.
