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