In this tight housing market, it’s hard to find an apartment, so when people find one they can afford, they often jump at the chance to sign the lease.
That’s a mistake, experts say. If you want to avoid paying “trash fees,” your lease is probably your best protection. Ohio’s rental law favors landlords.
Landlords and property managers are increasingly charging “junk fees,” including exorbitant late fees, high rental application fees, and unnecessary service and processing fees, such as paying rent online. They may also charge for things like internet service, even if the tenant does not want it or purchases it directly from a provider.
“When most tenants sign their lease, they honestly only read the first three paragraphs,” says Matthew Vincel, senior attorney with the Legal Aid Society of Cleveland’s Housing Practice Group. “These paragraphs specify how much the monthly rent will be, when it is due and how much the security deposit must be.”
“What they don’t realize is that there is a provision on page four that says there is a $40 fee if you want to pay online through the payment gateway,” he said.
Signal Cleveland spoke to several experts who offered these tips for avoiding “junk fees.”
Before signing a lease, tenants should not only ask how much their monthly rent will be. They should also ask how much they pay the landlord each month.
Matthew Vincel, senior attorney in the Housing Practice Group at the Legal Aid Society of Cleveland, on avoiding unnecessary fees.
Read your entire lease before you sign. It may be your best protection
“Landlords cannot charge a bulk waste fee if it is not included in the written lease,” Vincel said. “Tenants should not just ask what their monthly rent will be before signing a lease. They should ask how much they will pay the landlord each month.”
If you are charged a fee that is not listed in your lease, contact the landlord or property manager and let them know that you are not legally obligated to pay that fee.
Check with your landlord or property manager about any fees that may apply beyond the rent.
In addition to reading the lease before signing it, tenants should also specifically ask about the fees the landlord or property manager will charge them, says Amy M. Riegel, executive director of the Coalition on Homelessness and Housing in Ohio (COHHIO).
“Ask for a list of fees in plain language,” she said.
The right time to complain about this is before you sign the lease.
Check if you are entitled to a change to the due date of your rent
Tenants often fall behind on rent because the due date is before the payment date or before they receive monthly services or other funds. Check with the landlord or property manager to see if the date can be moved so you have the money to pay. Try to do this before signing a lease, if possible. The landlord or property manager may decide not to honor your request after you sign the lease.
Late fees can quickly mount
Kris Keniray, deputy director of the Fair Housing Center for Rights & Research, has seen leases where late fees are not only high, but increase daily. Under such conditions, it doesn’t take long for late fees to reach the amount of the monthly rent.
Keniray said landlords and property managers are required by law to change the rent due dates of some tenants, including people with disabilities who must be given “reasonable accommodations when needed.” This includes changing the rent due date to avoid late fees.
Some municipalities limit the late fees that landlords and property managers can charge
These five communities in Cuyahoga County have ordinances limiting the amount of late fees: Cleveland, Cleveland Heights, Euclid, Lakewood, and Warrensville Heights. In Cleveland, for example, most late fees cannot exceed $25, or 5% of monthly rent.
Check if you are entitled to free legal aid
Landlords can file an eviction suit against a tenant who fails to pay the rental suit fees included in the lease. If you cannot afford a lawyer, consider Legal Aid. Legal Aid will decide who will be heard on a case-by-case basis.
Cleveland’s Right to Counsel program provides free legal representation to low-income and working-class residents facing eviction. The program is run through a partnership between United Way and Legal Aid.
Legal aid supports households with incomes less than 200% of the 2024 federal poverty level. This means that a four-person household with an annual income of up to $62,400 is eligible.
Visit lasclev.org to learn more about the Legal Aid Clinic or to submit an application for admission. You may also submit an income application by calling 888-817-3777.
