Any repercussions for not paying Move out fee?

Question

I've live in a high rise condo and they require a $150 non- refundable deposit for moving out. In addition to this, there is a $250 deposit that is refundable if there are no damages. This seems absurd! I have 10 items to move which would probably take 2 elevator trips. I had movers scheduled for Sunday at 2pm but there is no moving allowed on Sundays.

I'm on a tight budget. I'll probably spend $500 for the whole transaction. A friend suggested I do a "Midnight Move" since there won't be much traffic and I won't inconvenience anyone.

Does anyone know if there are legal repercussions if I choose the cost effective route? I didn't see anything on the agreement form the Building Manager gave me.

Forgot to mention. I am the homeowner. The form I have is from the Property Management Company. When I moved in 3 years ago it was managed by a different firm- there was no move in fee. I could pull out the Homeowners Associate booklet they gave us but I don't know where the heck it is and I don't want to tip the property manager off and ask her. As far as I'm concerned, worse case, they can factor it into the payoff when my condo sells.

Answer 1

Moving fees are not all that unusual in some high-rises. If you don't pay the fee you can be taken to court for it.

You haven't explained if you are a tenant or owner of the condo. If you're a tenant, the fees are moot if they're not in your lease contract; they can't charge them although they can assess them against the unit's owner. If you're the owner of the unit then the condo association by-laws will govern if the fees are legit. If they are, you can be sued for failing to pay them. I'd suspect that the by-laws also provide for forfeiture of the $250 moving damage deposit if you move on a Sunday or use passenger elevators for the move even if there is no damage done. Expect the association to tack that on to the Small Claims Court case as well.

Answer 2

I've never heard of a "moving out deposit" - it sort of makes sense though - people do the most damage to the common areas when moving out because they don't care. They might just be doing it because they have had issues before.

The Additional $250 does seem VERY absurd though. I wouldn't do a "midnight move" because if it is in your lease they can take all $400 in court - where as here you would only lose $150.

Honeslty I would talk to your property manager and see if they would be willing to negotiate based on someone supervising the move or checking the before and after conditions of the areas and seeing if any damage was done.

Good Luck - remember if it is in your lease and they insist, legally you are required to do it! It sucks but...yeah.

Answer 3

Why would you pay a "deposit" for moving out?

I would read the lease VERY carefully before even considering vanishing into the night, but something doesn't smell right!