questions & answers

Question: My landlord is requiring beginning August 1st every tenant to take an unnecessary utility called RegalWaste and upon renewal to pay $15 a month for this service, even though regular trash will continue and charged for in the utility bill. RegalWaste includes storing their bins in your bins until pickup time from in front of your door and then bringing it back into your apt. till the next day. Is this legal and what if I say no.

Answer: As a general rule, a landlord is permitted to include in a rental agreement any term or condition, so long as that term or condition (or its application) does not violate the law (A.R.S. 33-1314). A tenant cannot be compelled to agree to pay a new fee until the current rental agreement has expired, but, unless the new fee is unlawful – and the vast majority are not, even if they do not seem necessary – then the landlord may charge the fee and thus give the tenant the choice to either accept it or not renew the lease. If you believe that this particular fee would be unreasonable or excessive, then you can always speak your landlord about it and/or even contact an attorney.