My issue came up last week when I got a letter in the mail from my rental company with a notice that read %26quot;Notice of Infraction to Resident/Tenant(s) and Fees/Charge Statement%26quot; and on that statement it had a %26quot;Material Violation of Lease Agreement%26quot; marked for us and in notes it said %26quot;Both BedRooms - $200 and it didn't say what the violation was. I was furious... I called them and asked them what the violation was and they said they had come in and done an annual smoke detector check and had found that both bedrooms were in violation because the batteries were dead in both of the bedrooms in our apartment.
It was never pointed out to me that it was our responsibility to check and change the batteries - otherwise we would have done it. Granted I should have read the lease more carefully because after I talked to them I looked it up and it did say that it was our responsibility to check and change the batteries.
These are my issues with this:
1) These fire alarms appear to be %26quot;hardwired%26quot; when you take them off the ceiling and look at them. I would have never known that there was a battery in them - unless shown.
2) This is what it states in the lease %26quot;Pursuant to the State Law relating to the duties of Landlords and Residents regarding smoke detectors; it is the responsibility of the Landlord to ensure the proper operation of the smoke detector(s) upon the occupancy of each new Resident and to periodically inspect smoke detector(s) and to document said inspections. It is the responsibility of the Resident to test the smoke detector(s) monthly, change batteries when necessary and to maintain the smoke detector(s) by keeping the detector clear of dust, dirt, or any furniture. Resident shall notify the Landlord when the smoke detector(s) isn't working properly. There will be a $100 fee per item assessed against Resident(s) who removes or dismantles smoke detector(s) and/or smoke alarm(s).%26quot; - Does not changing a battery constitute %26quot;Damaging or Dismantling%26quot;? I guess I would not interpret it that way... and if they are interpreting it that way, I can interpret the %26quot;responsibility of the Landlord to ensure the proper operation of the smoke detector(s) upon the occupancy of each new Resident%26quot; to be in breach of contract for not showing us how to %26quot;properly operate%26quot; the smoke detectors enough to know where the battery is and how to change it.
3) Is it incorrect for us to expect to be warned first (especially if it isn't specifically spelled out in the lease that we get fined for that specific infraction) and given a date to have it fixed by or else a fine?
They did have a note posted on the door that stated that they were going to be inspecting - and it did make note of the $100 fine for what is stated in the lease, but didn't say anything about making sure the batteries were replaced.
Is this something that we can fight?Can we fight a fine that was charged for a dead battery?
It would have been polite to issue a warning on the first infraction, but they aren't required to. The clause about the fine isn't conditioned. On its face, the contract gives no indication that there would be warnings or grace periods. I get what you are saying about whether checking the battery constitutes %26quot;damaging or dismantling%26quot; for purposes of the fine, and agree yours is one reasonable interpretation, particularly considering that the %26quot;damaging and dismantling%26quot; language is in a separate sentence and appears to be set apart from the requirements of checking the battery. If you made a legal issue of it, would the court buy your interpretation? Meh...maybe. Courts don't like to infer terms when they aren't spelled out. Even if you could convince a judge that you didn't know about the fine, you'd still have to admit that you were in breach of your lease, which would probably entitle your landlord to some sort of damages or remedy anyway.
Further, I think you are misinterpreting the clause about the responsibility of the landlord. I think it means it is their responsibility to provide you with working smoke detectors when you move in (hence %26quot;upon the occupancy%26quot;), and provide you with instructions on operation if you need it. Because your lease already tells you it is your responsibility to check the battery, logic dictates that it is your responsibility to ask if you don't know how to do it. Just like anything else in your apartment, once you are in your apartment, you are responsible for maintaining them and notifying the landlord when there are problems.
I wish I could be more help. I don't check my smoke alarms every month either, and I'm sure I have the same clause. Because you have a good history with your landlord, maybe you can plead your case with him/her/them.Can we fight a fine that was charged for a dead battery?
There is no such thing as a punitive %26quot;fine%26quot; in a contract. It is simply impossible for them to sue you for more than the value of the damage you may have caused, which is zero unless they went ahead and replaced the batteries for you, in which case you may owe four or five bucks.
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Can we fight a fine that was charged for a dead battery?You signed a contract saying you would maintain the batteries in the smoke detectors. You failed to do so.
No, you don't have a leg to stand on. Next time you sign something, take the time to read and understand it.Can we fight a fine that was charged for a dead battery?
Unless there is more in the lease that you haven't quoted, they have no grounds to charge you $100 per detector.
The lease you quoye says %26quot;There will be a $100 fee per item assessed against Resident(s) who removes or dismantles smoke detector(s) and/or smoke alarm(s).%26quot; You neither removed or dismantled them, so they have no grounds for the $100 fee.
Also, did they give you the required written notice of coming in to inspect?
RichardCan we fight a fine that was charged for a dead battery?
You seem to be asking if some law precludes you from entering into a contract unless someone else first determines what clause you are most likely to breach and reads that clause to you. If you are an adult in the u.s. there is no such law. Adults are free to enter into contracts without someone else reading it to them.Can we fight a fine that was charged for a dead battery?
. A warning should have been sufficient. I guess they want to run off their good tenants. Just don't pay it and look for a place to move. Break the lease on grounds of financial hardship. The one they put you in.Can we fight a fine that was charged for a dead battery?
Unless there's some other clause in the lease that allows them to fine you for not maintaining the smoke detector batteries, I don't see how they can fine you. There's nothing in there that says anything about a fine for not maintaining them.
Both %26quot;damaging%26quot; and %26quot;dismantling%26quot; are active words. Not maintaining something neither damages nor dismantles it.
Personally, I would never have signed a lease that permitted routine inspections. But that's just me.Can we fight a fine that was charged for a dead battery?
The lease reads: %26quot;...It is the responsibility of the Resident to test the smoke detector(s) monthly, change batteries when necessary and to maintain the smoke detector(s) by keeping the detector clear of dust, dirt, or any furniture. Resident shall notify the Landlord when the smoke detector(s) isn't working properly...%26quot;
Pretty much the end of the conversation. You sign a contract, you are bound by it.
I don't see a hundred dollar fine available to the landlord, though, since you neither %26quot;removed%26quot; nor %26quot;dismantled%26quot; it.
- StuartCan we fight a fine that was charged for a dead battery?
It is your responsibility to check the batteries.
You let the batteries die.
Now there's a fine.
You don't have a leg to stand on.
