AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Expert: Jonathan Dever, Esq Date: 7/1/2008 Subject: landlord with arbitrary charge
Question QUESTION: Can you tell me if it is legal for a landlord to arbitrarily charge $50 for unlocking my daughter’s bedroom door after my daughter locked herself out of her bedroom? The landlord did have to travel 25 minutes to the rental because my daughter's car keys were locken inside the bedroom. There is nothing in writing (or agreed to) to that effect anywhere. It is a multi bedroom home housing students in Columbus OH.
ANSWER: Charging for lockout is not really unheard of and the fee assessed is not outrageous. I charge $65.00 for any service call that is tenant created. Why? Because I have to pay my guy $65.00 for the call. Lockouts are typically charged to the tenant because they are due to tenant error not to any landlord responsibility to keep the unit safe and habitable. I am sure a locksmith would have charged 2x that amount if she had called one.
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QUESTION: if the landlord told her the price only after the service was provided, would you agree that there was no meeting of the minds and that my daughter wasnt given a fair opportunity to weigh the alternatives (eg getting a ride from a friend) to parting with $50?
Answer Perhaps, but what if anything does she want to do about it? If she does not pay, he will take it out of her security deposit or send the account to collections. If you fight it, it will cost more than $50.00. If it hits her credit report, it will cost her ten of thousands of dollars in higher interest rates when she applies for either a loan or credit card. So what is fair? Is it fair not to compensate him for correcting her error? Would it be fair not to pay a locksmith to solve the issue? Is it fair to charge her for his inconvenience?
A judge, if you want to take it that far, would likely take his side, depending of course on who you draw. Pay the landlord, move on.
