The Legality of Closing Apartment Amenities During Covid-19

Amenity fees during Covid-19.

  Living in an apartment that includes luxuries such as: a workout room, pool and spa, laundry services, restaurants and retail comes with an extra amenity fee. As a result of the Coronavirus pandemic, many landlords have decided to temporarily close such amenities because they are shared areas that encourage large gatherings of people. With tenants unable to utilize these spaces this begs the question: should they receive a rental rebate? 

What does California Law say?

 Under current California Law, there is nothing that states that renters are entitled to a rent reduction if amenities close at any time for any reason. It is common in California for each landlord to include in the lease agreement under the section, “Services and Facilities” information on whether a tenant would receive any money back if amenities were made unavailable. During the pandemic, if the charge for amenities was directly included in the monthly rent a reduction has usually not been permitted. If, however, the amenities cost was an external charge separate from the monthly rent, landlords have been more willing to discontinue this fee during quarantine. 

            It is also important to note that under California Jurisdiction, laundromats are considered an essential business and it is, in fact, illegal for a landlord to close down an onsite laundry service. 

Should you have to pay?

            There are two sides to the argument of whether renters should pay luxuries they cannot take advantage of, and both make sense in different cases. 

During these unprecedented times, those that possess the means to spend money and stimulate the economy should strive to do so. In many cases the money that was once being used to upkeep amenities is now being used to pay for extra sanitation services or to keep the janitorial and security workers doing their jobs. These services necessitate that tenants continue paying amenity fees. 

            On the other hand, for renters that are experiencing financial hardship, landlords should try to accommodate their situation. Tenants should talk to their landlord directly to see if they can agree upon a plan for a deferred portion of rent due to amenities being closed, or if any exceptions can be made for their specific case. A good argument to support a renters’ debate would be to compare their rent to that of those in apartment buildings around them that do not provide amenities. If proven that they are paying a significant amount more for the amenities, their landlord should be open to compromise. 

We are here to help.

If you are experiencing issues regarding this matter or are unsure of your rights as a tenant, please do not hesitate to reach out to the Tenants Law Firm. Our attorneys are here to assist you. Contact us by filling out our online intake form here and we will get back to you to schedule a free consultation. For further information regarding Covid-19 rent regulations please refer to our previous blog discussing these matters more in depth!