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Maintenance Fee Questions

What is a maintenance fee?

A maintenance fee may be a fee that is paid at regular intervals for the maintenance of any kind of property. This fee may have to be paid by either the individual who owns the property or in case of real estate property, by an individual who resides in the property if the contract says so. Given below are some of the common questions that individuals may ask about maintenance fee.

What can an Individual do if the Landlord Sues him/her for Maintenance Fees?

If the landlord tries to sue the tenant for maintenance fees and the tenant does not have any bills for the maintenance, he/she may at first respond to the landlord with a general denial. If the landlord sues the tenant, then he/she may present his/her case in court and state that there were no bills provided for the maintenance and hence the tenant was not liable for the maintenance fees.

Should the Maintenance Fee for a Condominium be Paid by the Landlord or the Tenant?

The payment of maintenance fees depends on what is stated in the lease agreement between the tenant and the landlord of the condominium. The landlord may both pay the maintenance fee and include it in the rental amount or he/she may ask the tenant to pay it.

What would happen if an Individual Refused to Pay the Maintenance Fee on his/her Timeshare?

If an individual refused to pay the maintenance fee on his/her timeshare, a lien may be put on the timeshare and the individual may be sued. The timeshare may also get foreclosed and the individual may be sued for the delinquent amount.

Can an Individual File a Lien on a Property if the Maintenance Fee is Short?

An individual may sue the tenant for not paying the maintenance fee in a small claims court and that would in turn create a lien on the property.

For how long would an HOA Delinquent Maintenance Fee be Enforceable?

In most situations, a lien on an HOA delinquent maintenance fee may not expire. It may remain on the property until it is paid off or until the property is sold. If the property is sold, the lien may be paid off from the proceeds of the sale.

Would Owners have to Pay Maintenance Fees for Properties?

The owners of a property may not have to pay the maintenance fees of the property unless they live there. However, if the property is sold to a third party or if it is given on rent to a third party, then the fees will have to be paid. If the property is not occupied and is waiting to be sold, then the owners may not have to pay the maintenance fee.

Would an Individual be Liable for any Unpaid Maintenance Fee on a Foreclosed Condominium?

In most situations, an individual may be liable to pay the maintenance fees incurred till the date of foreclosure for the condominium.

Can an Individual Get Rid of a Timeshare if he/she does not want to pay the Maintenance Fee for it?

An individual may not be able to just stop paying the timeshare maintenance fee and get rid of the timeshare. The only options that the individual may have is to either sell the timeshare, give it away to somebody or convince the management company to take it back from him/her.

Having information about maintenance fee and understanding what it is will help individuals understand their liabilities towards it. It will help individuals understand their rights and consequences if they are not able to pay the maintenance fees for any reason.
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