[VA] Can a landlord charge for a fee that was never included in the signed lease?

VA Landlord-Tenant

Lawyer, Esquire

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Okay, if there was never any parking fee discussed and there's nothing in your lease that states you have to pay for parking, then they can't simply unilaterally amend your lease and start charging you for parking. Their failure to address this in the written lease contract doesn't now give them legal grounds to go back and add things once it has been signed by the parties. The lease controls what the relationship is between the parties and what both sides' legal obligations are. So if they failed to put in any parking charges in your lease, then they can't decide to go back and do so now.

They could only amend your lease once it expired if they wanted to add parking fees, if you agreed to renew your tenancy. This general principle is reflected in the Virginia Residential Landlord and Tenant Act, which sets out what terms may be included in a rental agreement and generally requires that lease terms be agreed upon in writing by both parties rather than added unilaterally by the landlord after signing. (VA Code § 55.1-1204)

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In Virginia, my lease does not specifically state the amount I am charged for parking. Both parties signed. They now want to charge me 100 because they mistakenly did not charge me. There is no signed lease update agreeing to that. Am I obligated to pay?

Lexi, Chatbot

I understand how frustrating it can be when unexpected charges arise. Can you tell me if there have been any verbal agreements or communications regarding the parking fee since you signed the lease?

No agreement verbally. They wanted me to call them back. I did not call back. They left a message saying that they added it. They wanted to know what my parking sticker was. I never responded.

Lexi, Chatbot

Have you received any written notice from your landlord about this new charge?

There was no dollar amount ever written stating I would be charged a certain amount.

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your parking charge dispute.

No.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer, since I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

Was there ever a parking fee discussed when you initially were renting the property?

I paid previously. I lived in my apartment building since 2018, however, management has changed three times since. I do not recall paying for parking last year under that lease. The lease is not technically a renewal because I switched apartments due to them not honoring the market rate for the one I was in at the time.

Lawyer, Esquire

Last year was with the same management company. The lease does not have my vehicle information in it, but it does have the parking sticker. Is that okay or an issue?

It just leaves the vehicle information blank. I think the ambiguity of it is where I'm not sure. There's a part filled for parking space. The number is my parking sticker number. Nothing about my car. There is an X next to monthly payment but no dollar amount.

Lawyer, Esquire

As long as you have a sticker, if you don't have assigned parking, then that is all you need to park anywhere.

Thank you. I thought so. I paid my outstanding balance just in case, but I guess I will let them know it's not within my lease so I can't be charged.

Lawyer, Esquire

You are very welcome. And make sure you have all your communications in writing to create an evidentiary trail for potential future use. Print out any communications you have with them and keep them in a paper file. It was my pleasure to work with you and help with your question. If you need further assistance, feel free to reach out. Have a great afternoon and be safe!

Lawyer, Esquire

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