Q: I want to add a roommate to my lease. My landlord says if I do, he is raising my rent 10% per occupant. Is this legal?
He told me when I initially signed the lease that I could get a roommate to help with the rent, but made no mention of a rent increase if I did. I rented a two bedroom as the sole occupant at the time of the lease signing. He never provided me a copy of my lease, so I don't know if he specifies anything about roommates in it. He does pay w/s/g, so I am willing to offer to pay the increase in usage charges as I recognize those costs will increase with the additional bodies.
A:
You need to get a copy of your lease as it may list a method for increasing rent during the term. If the lease does not specify a method for increasing the rent, no change in the rent can be made during the fixed term of the lease. However, the maximum amount rent can be raised in any 12 month rolling period is approximately 10.3% and any rent increase requires at least 90 days prior written notice in order to be enforceable. If your Landlord has failed to follow the requirements, you might be entitled to recover up to 3 months rent plus your court costs and attorney's fees. As for utilities, your Landlord can arguably charge you for them, but your Landlord must have specific disclosures in a written lease, so watch for that in any new lease. I would recommend speaking with an attorney after you get a copy of your lease.
Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
