Parking Dispute with Landlord (Philadelphia, Pittsburgh: lease, credit, lawyer)

[pmb1]

In December 2023, my landlord (a large corporation) emailed tenants that the monthly parking fee would be raised to $200 a month starting in January. A few days after the email, I pointed out to the landlord that, on the system where I pay my rent and parking fee, for January going forward the charge for parking was incorrectly set at $225 a month. I asked that the parking fee in the system be changed to $200 to reflect the correct parking fee. After months of following up on this, the landlord informed me a few days ago (April) that the parking fee was, in fact, $225 a month and could not be changed.

The lease indicates that the landlord can change the parking fee with little notice (it might be 30 days). I intend to pay $225 a month going forward. I have asked that my account be credited $100 for the 4 months where I was paying $200 a month while being charged $225 (4x$25). The landlord has not responded to my request.

Customer service is severely lacking from my landlord. I seriously doubt the company will credit my account simply out of a sense of customer service. Legally, does the landlord have to honor the $200 per month fee for parking from January to April? I'm thinking about taking the company to small claims court if it doesn't credit my account but I'm not sure unless I have a solid case.

Thanks,

Paolo

[Parnassia]

Originally Posted by pmb1

In December 2023, my landlord (a large corporation) emailed tenants that the monthly parking fee would be raised to $200 a month starting in January. A few days after the email, I pointed out to the landlord that, on the system where I pay my rent and parking fee, for January going forward the charge for parking was incorrectly set at $225 a month. I asked that the parking fee in the system be changed to $200 to reflect the correct parking fee. After months of following up on this, the landlord informed me a few days ago (April) that the parking fee was, in fact, $225 a month and could not be changed.

The lease indicates that the landlord can change the parking fee with little notice (it might be 30 days). I intend to pay $225 a month going forward. I have asked that my account be credited $100 for the 4 months where I was paying $200 a month while being charged $225 (4x$25). The landlord has not responded to my request.

Customer service is severely lacking from my landlord. I seriously doubt the company will credit my account simply out of a sense of customer service. Legally, does the landlord have to honor the $200 per month fee for parking from January to April? I'm thinking about taking the company to small claims court if it doesn't credit my account but I'm not sure unless I have a solid case.

Thanks,

Paolo

Something doesn't compute. Either that or your post wasn't clear. Are all tenants charged the same monthly parking fee or do some pay more or less than others?

You wrote that the management email stated that parking would cost $200 as of January. Apparently, that doesn't apply to you. You found out that the correct fee for you is in fact $225, not $200.

If the correct fee for you is $225, when did that take effect? January? April? Some other time? If that $225 monthly parking fee actually began in January but you've only been paying them $200 per month, you were $25 short every month. The LL doesn't owe YOU $100, You owe them $100. Your math seems to be backwards.

[clevergirl67]

Originally Posted by pmb1

I have asked that my account be credited $100 for the 4 months where I was paying $200 a month while being charged $225 (4x$25). The landlord has not responded to my request.

If my math is correct the way you stated the situation, you owe them that $100.

[Wells5]

If you are in dispute with your landlord, by all means take them to court.


I am not familiar with the Philadelphia courts. In the rest of PA (with the possible exception of Pittsburgh), the local district justice handles small claims. The D.J. does not have to be a lawyer and most aren't.
If you as an individual are suing a corporation in the Philly Municipal Court, does that company have to be represented by an attorney as in New York State?



The reason I ask is that the company being sued is more likely to settle out of court if they are required to hire an attorney to represent them.

[Parnassia]

Originally Posted by Wells5

If you are in dispute with your landlord, by all means take them to court.


I am not familiar with the Philadelphia courts. In the rest of PA (with the possible exception of Pittsburgh), the local district justice handles small claims. The D.J. does not have to be a lawyer and most aren't.
If you as an individual are suing a corporation in the Philly Municipal Court, does that company have to be represented by an attorney as in New York State?



The reason I ask is that the company being sued is more likely to settle out of court if they are required to hire an attorney to represent them.

Case? The OP has no case. According to the information the OP presented, THEY owe the LL $100, not the other way around!

[PoconoCountryLady]

It seems they changed the fee with no notice as in the contract. You have no case. Pay it and look for a new place for next year.


I would also talk with neighbors and see if they got the same treatment. If so you may try getting a group from your complex and file a complaint in small claims- but the lease does state no notice. That is the issue.

[selhars]

1) As others have said the OP's post is contradictory.

2) Is this why I don't have as much money as I could?
I'm not taking someone to our over $100.00.
My time is more valuable than that.

[pmb1]

Originally Posted by Parnassia

Something doesn't compute. Either that or your post wasn't clear. Are all tenants charged the same monthly parking fee or do some pay more or less than others?

You wrote that the management email stated that parking would cost $200 as of January. Apparently, that doesn't apply to you. You found out that the correct fee for you is in fact $225, not $200.

If the correct fee for you is $225, when did that take effect? January? April? Some other time? If that $225 monthly parking fee actually began in January but you've only been paying them $200 per month, you were $25 short every month. The LL doesn't owe YOU $100, You owe them $100. Your math seems to be backwards.

Responding now as I didn't get any notification about postings. To try to clarify the situation and also to point more clearly to where my legal question lies:

1) In December 2023, management sent out email that parking will be raised to $200 a month starting in January

2) I continued to be charged $225/month starting in January even though the December 2023 email states that parking is $200 a month.

3) Until mid-April, I was never sent an email or any communication about the cost of parking even after repeated attempts to clarify the situation. In other words, the original email in December 2023 was the only communication until mid-April about parking costs. In mid-April, I was sent an email indicating that the parking cost was in fact $225.

Is the landlord obligated to honor the parking cost it communicated, namely $200 monthly, in December via email and did not correct via communication until mid-April for that period of time, namely from January to April, regardless of what was charged? As of May, I have changed my payment to $225.

There are laws that require a company to honor an advertised price in the retail sector. Take, for example, the case of a Cartier: it had $14,000 earrings posted on its website incorrectly for $14 for only a few minutes, during which time a man bought two pairs ([url]https://www.nbcnews.com/news/latino/man-buys-14000-cartier-earrings-14-company-posts-price-error-website-rcna150046[/url]). Cartier was obligated to honor the $14 price.

The example took place in Mexico and for earrings. Does the same principle apply to a parking spot in Pennsylvania?

Paolo

[selhars]

Have you talked with other residents to see if it happened to them also?
If so, you might not be fighting alone for redress.

Personally, I don't see how $100.00 worth all your time/energy on this.
But it' your money. So you do you.