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Compensation for a removed "Amenity." Rent, Utilities

Discussion in 'Commercial Landlord & Tenant Issues' started by andrw6155, Jan 31, 2014.

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  1. andrw6155

    andrw6155 Law Topic Starter New Member

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    I am a college student.
    I decided to live off campus this year. Most everything has been fine until recently when the the owners of the apartment complex decided to shut down its contracted private shuttle service.

    Background: Prior to signing the lease I was told by the company's (88 West) employees, agents and manager that a shuttle service would run from the complex to campus. This being a great convenience for me, (as yearly parking permits on campus are ~$600) I hastily signed the lease a week later, over looking many aspects of the lease like a dumb college student often does. The shuttle had been running at the time I signed the lease (11/20/12, becoming active on 08/18/13). However, in my lease or any of the addendum, (other leases I'm not 100% on) it states nothing of the shuttle service. In the summer of 2013 88 West defaulted on the property and McKinley inc. was made receiver of the property. The shuttle continued to run as normal until 1/31/2014. McKinley, notified some of the tenants, although not me, (3) days prior to its termination.

    Question: Do I or any of my fellow tenants of McKinley have any rights or legal ground in this matter?
    Myself and a few select tenants have took it upon our selves to look into this through research, using university resources and of course, gathering opinions. Below are a few things I have noticed and also further questions but I am not sure they apply in this matter.

    Further Facts:
    -Certain parts of our lease are considered illegal practice. ie. Our late fee on rent is more than 10% of our total rent.
    -Our leases are based by occupant not by the apartment itself.
    -Is there any form of bait and switch or other marketing violations?
    -A manager (not based in this specific complex) of McKinley suggested compensation.
    -One of the managers of our apartment complex, along with the previous one I mentioned, blatantly told us they are no-longer targeting students and wish to essentially weed them out (to which I have recorded audio.)
    -I have screen grabs advertising this shuttle service from various websites, as well as brochure's containing the same information

    If there is any other information needed I will be more than happy to provide it. Unfortunately I was only made aware a few days ago so it has been a mad scramble to find information. We depend on this shuttle service to get to class and many of the students here do not have vehicles regardless of the outrageous price of a permit. Any help regarding legal rights or even suggestions of how to make sure this does not continue for other students, would be very much appreciated.
     
    Last edited by a moderator: Jan 31, 2014
  2. army judge

    army judge Super Moderator

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    If it isn't in the lease, it isn't part of the contract.

    The shuttle service wasn't an amenity, per se (contracted in the lease), it was a special service provided at no cost.

    The landlord stopped providing the free service because the apartment complex was under no legal obligation to continue providing it.

    Sorry, NO CASE!!!
     

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