Asked in Landlord - Tenant for New York

Q: Does my landlord have the right to charge me more in rent if my husband is not on the lease??

He was not originally here in the house because we were going having issues in the marriage. But he recently moved back home and my landlord says she will not put him on the lease for fear of possible future altercations. But she also charged me $100 more for him staying here

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1 Lawyer Answer

A: It depends. If you are a rent-stabilized tenant, the landlord cannot charge you more for having your husband move in with you and you may have the right to have him added to your lease. If you are not a rent-regulated tenant but have a lease, the landlord cannot increase your rent during the term of the lease unless the lease specifically provides for that in some manner. If you are not a rent-regulated tenant and do not have a lease, the landlord can request to changes the terms of your lease upon proper notice and you have the right to refuse to accept those new terms... In that case, the landlord's remedy would be to ask you to move or commence a holdover case if you refuse to leave.

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