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I'm sorry to hear about your situation. Is the $100 fine (per complaint) in the written lease?
Or what is their basis for this fine? And to whom is it paid?
I'm not sure if it is written in the lease I am at work and don't have a copy. I can look through my emails real quick. I assume it is paid to the apartment company.
Thank you. While your apartment complex could have a pet deposit and pet fee, and enforce that, the "fines" and "fees" that you incur by having the cat be on other cars is probably not enforceable, even if it is in the lease. The reason is that contracts are not allowed to have penalties. Contacts can have "liquidated damages" provisions that seek to reasonably estimate the damages ahead of time of something occuring, but the $100 per complaint is almost certainly an unenforceable penalty clause.
An unenforceable penalty clause is just that: Unenforceable.
That means that if they were to take you to court for the penalties, or to evict you for failing to pay those penalties, you could challenge them as punitive, rather than fees that are meant to reimburse for damages, etc...
Particularly if the apartment is keeping them, rather than them being turned over to the complainer, that would almost certainly be determined to be punitive because the apartment actually hasn't suffered any loss.
So in short, it's almost certainly not legally enforceable.
That being said, failure to pay could put a "red mark" on your lease, and might make it so that they don't re-lease to you when the lease ends.
That would be legal, because they're under no obligation to do so.
We just renewed this July for another year she is sending me a copy right now and I can forward, or paste here for you to read if that is feasible. Is there anything I can do to find out who is actually making the complaints?
Unless there's something in the lease itself that governs this, I don't need to see the lease.
If they try to charge me for a complaint and no proof.
You can certainly say that "I absolutely am not going to pay any penalty for something that there is no proof of" (and that leaves it open that you're not going to pay even if there is proof).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
So that is my best bet is to say you have no proof and not pay for erroneous accusations?
That's what I would do.
And you could also say (if the $100 is not in the lease) that they have no contractual right to the fee. If it is in there, you could say it's an unenforceable penalty.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
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