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Brandy M | Can my landlord do this to me? |
We let our cousin stay with us a few months and he is leaving next month. Our landlord come by today and said we had to give hime $400. thats $100 each month he has been here. It doesn't say in the lease that rent would go up for a visitor or with a short live-in. It does say that we were suppose to tell him if anyone was going to be staying with us for longer than 15 days. But we did not know that. Can he make us pay for that? |
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bostonianinmo
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If your lease stipulates that you must advise the landlord of the names of any adult residents then you were in violation of your lease when you allowed your cousin to stay there without notifying the landlord. Your claim that you were not aware of that only proves that you did not read your lease -- shame on you for that.
As to whether or not he can jack your rent for that violation, only if the lease provides for that. His only redress otherwise would be to order you to correct the lease violation. Normally he'd do that with a 30-day notice to "Cure or Quit." If you failed to cure the violation (advise the landlord of the name of your cousin or have him move out) then the landlord could start eviction proceedings against all of you. |
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jitterbugj
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I would ask your landlord for him to tell you where in your lease it states that your rent goes up if you have someone stay longer than the allowed "visitation" period. Also ask him to tell you where in your lease it states that 15 days is the maximum time allowed for a visitor.
If you have a lease he cannot "raise" your rent unless this $100.00 per month is spelled out in the lease. If you are on a month to month agreement then he would need to give you 30-Day Notice to change the terms of your agreement.
Remember in the future that landlords do not like having people in the unit that are not listed on the rental agreement. You should not be having "uncle joe" move in with you without asking your landlord how he/she would like to handle the situation. |
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Ajdonuts
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Obviously you did the wrong thing by disobeying the 15 day limit, but unless it states in the lease about the extra money, you do not have to pay it. I would make a judge tell you to pay it. |
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nlsepulvedaqueen
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yes he can do anything he wants, because u did not come forward and tell him ur cousin was gonna stay there, and u did not get it in writing that it was ok with him. next time, read your lease more carefully, and be upfront with your landlord, and make sure that u get it approved in writing, so that he cant charge u or sue u. anyways, your cousin should be willing to come up with some money to help pay for his stay there, he is an adult, he should pay his own way in life. |
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Judy1
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The lease says you were supposed to let him know if anyone was staying with you, but you say you didn't know that? Why didn't you? Didn't you read the lease?
If you signed the lease and it contained that clause, then yes, the landlord can require an additional payment. |
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shelcom
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Tell him to get bent if it isn't in your lease. Even though you didn't notify him, if the lease doesn't provide for the fee you're OK.
PS-Since you didn't know about the notification, it's obvious you never read your lease...not smart. |
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financing_loans
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Not sure he can make you pay it, but it gives him a right to void your lease if you dont. I would find out what their policy is, if you went to him and said we have a guest that will be with us more then 15 days. He might have said at the time, okay you need to sign this. Its 100 dollars a month for an extra guest.
You clearly broke the lease, and your landlord can void it. Maybe you can negotiate, but your landlord is holding all the cards if he wants you out. He voids the lease, and in most states he wont have to evict you. You broke the lease, you would have 3 days to get out.
Good Luck, it seems a bit extreme but I can understand your landlords point of view, extra people cost more money, wear and tear, more hot water, more electricity etc. |
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Angie
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I don't think so. Most state laws allow for family members to live in your apartment, so long as the apartment is big enough to accommodate another person. I would refuse to pay, and make him take you to small claims court if he really wants his money. If a judge agrees, ok, but I don't think he will. However, you are setting yourself up getting kicked out at the end of your lease. If he believes you owe money you haven't paid, you're probably not getting renewed. |
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Chuya
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I think that's legal, if it's in the contract where you were supposed to tell him is someone was staying with you for longer than 15 days and you didn't follow that rule! Why do you think he wants to know if someone is staying? so that he can charge you extra for that person. What state are you in and do a search for Renters rights in your state on the internet. Good Luck. |
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Yafooey!
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The words in a lease are bound by law. If it doesn't state anything about visitors or short stay, he cannot charge you.
The lease is a contract. Like any other contract, if breached the offender must pay the consequence.
If he gives you a hard time, tell him you will contact the Consumer Affairs Division in your state. He cannot evict you, because you did not breach the lease. If he tries to, sue him for the maximum allowed by law. |
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