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Addendum to charge for HOA - Landlord Forum thread 357599

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Addendum to charge for HOA by Traci (PA) on May 28, 2018 @10:08

I have a 2 year lease with a tenant where at the end of the 1st year she has the option to move into a newer unit for an extra $100. A new lease is being written with the new address and rent.
I have since added the cost of HOA fees for other units. Can I add this fee to the new lease?
There is nothing clearly written in PA landlord tenant act.
Any insight is appreciated. Thank you.
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Re: Addendum to charge for HOA by Dave on May 28, 2018 @10:34 [ Reply ]
I am not familiar with PA laws. As a general matter I would ask exactly how the original lease was written both as to the move to the new unit and the second year money details. My leases provide for pass throughs on HOA increases, taxes and insurance on extensions, renewals and mid term increases. You present what I would classify as an option sort of element. If the original lease is cancelled on your tenants move to new unit,....then it would seem to be a new lease,...and anything goes, negotiated.
Re: Addendum to charge for HOA by Garry (Iowa) on May 28, 2018 @13:43 [ Reply ]
Assuming your T is exersizing her option to move, she will be moving to a newer unit, and pay you an extra $100 for it. That's it. It does not matter what you have done with other units. You have a 2 year lease with this T, and the only change you can make to that lease, is the change of address, and add $100 to the current rent amount. If that extra $100 does not cover all the HOA fees, or any other costs, That's too bad for you. You made the 2 year lease a year ago, and now you have to abide by it. That doesn't mean you can't ASK if she is willing to pay more, but where is her incentive to do so? You're BOTH stuck for another year on your original lease, UNLESS BOTH parties are willing to renegotiate ALL terms of the lease. Just remember, if the whole lease is opened up. maybe if you want more than the $100, she may want to move to another place that you don't own, and then you will have a vacant unit again. You're better off taking the $100 now, for the next year, and "eat" any costs above that amount. When the end of the 2 year lease is up, ANYTHING GOES.

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