Can a landlord raise the rent if he suspects someone else living there?

Ok, so me and my friend got an apartment together, because my boyfriend got a job where he will be traveling during the week, and only home on the weekends. So anyways, *me* and *her* signed the lease for our 2 bedroom apartment. Since the day we moved in, her boyfriend has been there. He sleeps over every night and is there pretty much all day until he decides to go into work. He has random belongs there (his tv in the livingroom, his X box, shower stuff) but it's not like he's 100% living there. Anyways, our landlord lives literally right down the road and is always at our place fixing things, mowing the lawn, etc. I was under the impression that if he keeps seeing this 3rd car there, and has reason to believe there is a 3rd person there, he can raise the rent. My roomate says because the lease was already signed for the monthly amount, he cannot raise it. She said because the lease didn't say on it that he potentially can raise the rent as long as he gives us a 30 day notice.. then he cannot do so. Is this true?

Update:

Just a p.s., this is for the State of NY if that matters at all..

Update 2:

Our rent included all utilities (obviously minus cable/internet)

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Check your lease contract, first. Does it say that occupancy is limited to those named on the lease (I give you 10 to 1 odds that it does)?

    If it says that, then you and your roommate are in breach and subject to things specified in the "Default" clause. This may stipulate a rent increase relative to how many extra folks you have living there. This isn't entirely common, though.

    Your landlord can call you out on this breach. This means they can terminate the contract and take possession of the unit (eviction..).

    They won't do that though. Not in this economy.

    What they WILL do is threaten you with eviction, and essentially force you to add the new guy onto the party. This will open the lease up to other revisions...including a rent increase.

    Now, in many states, a landlord can't simply jack up the rent because they feel you are in breach. They are limited to what the courts will grant them, which is a termination of the contract and possession of the unit. And if you are in breach, make no mistake...they WILL win that.

    Oh and as far as 30-day notice goes...well, that wouldn't apply in the legal case here. If you DO get a 30 day notice, be happy you did. Then, ask the landlord to draw up a new lease with the dude on it. You want this in writing, especially with an increase in rent.

  • 1 decade ago

    By allowing the boyfriend to basically live there, your friend is probably in violation of the lease agreement (a lease usually requires that all occupants be listed on the lease agreement). If you are in violation of the lease, the landlord can break it without penalty (change the terms of the lease). If this is the case, the landlord can evict you and your room mate with a 30-day notice, or raise your rent to take the additional occupant into account.

  • Anonymous
    1 decade ago

    in most places i lived, the landlords were cool about it as long as the rent was paid. but in places that had HUD or were a lo-income complex, they didnt allow ppl 2 let friends live w/them, they could only stay 4 like a week 2 visit.

    Source(s): i think it depends on the landlord & what type of apt complex it is.
  • ?
    Lv 7
    1 decade ago

    NY you already voided your lease. Your landlord can raise the rent, evict you or sue you for breach of contract.

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  • Adam
    Lv 4
    1 decade ago

    All of this pertains to the contract in which you signed to live where you are. Read it, all of it, if there is something in there that says you cannot have a certain number of people living there then it is a violation of the contract and he may do only what the contract says he may.

  • 1 decade ago

    If any of your rent includes utilities, your landlord has grounds to raise the rent.

  • if he wanted to he can kick your fat *** out i know i have 9 rent hous es pay or get the hell out

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