Girlfriend Move-In: Rent Increase?

My girlfriend just moved into my apartment, and the landlord wants to charge $200 additional per month for her. I currently pay $825 a month, for the master bedroom in a 3 bedroom apartment ($2150 total). I am a law school student, and I live with two other law school students, and all three of our names are on the lease. The lease includes a provision stipulating $200 additional rent per person, but I was hoping to argue that we signed the lease under duress or undue influence and that $200 is unconscionable for an additional occupant. What do you think my chances are? I've read that the landlord can charge 10% of the monthly rent for an additional occupant, but would that be 10% of my $825 ($82.50) or 10% of the total rent (>$200)? Thanks.

[OHlandlord]

Nick, I don't know where you read that 10% rule. I've never heard of it before in any state law. (Please post the statute if you can find one.) There is a 10% rule in some states, but it only applies to LATE FEES, not to additional person charges. If you signed a lease with a $200 additional person rent, then that is what you owe. There is no duress or undue influence. No one forced you to sign the lease. (There was no gun there or threats, were there?) You could have said no and found another place to rent. You chose to accept those terms. Sorry, but if you want her there, that's how much you must pay.

Extra occupant charges are written into leases for several reasons: To reimburse the LL for extra utilities that he may be paying, to reimburse him for the extra wear & tear on the unit, etc. You may not realize it, but having an extra occupant means the plumbing fixtures will be used more each day, the light switches, the doors and knobs, the stairs will be travelled more times per day, windows opened, the appliances used, carpets worn down more rapidly, and so forth. He rented the unit with the expectation that they would all be used a certain number of times per day/week/month/lease term by 3 residents. Now there are 4 residents. (She won't just stay in your room the entire time.)

So the total rent will now be $2350 per month instead of $2150 per month. His $200 is actually only a 9.3% increase on the total rent for the house. It's just that you are paying it instead of your roommates. Sorry.

Well I figured as much, but I appreciate the input. My girlfriend is the one who wants to fight the $200. I figured I might have a chance at arguing duress because we had 3 apartments lined up before we signed a lease (a month before law school started), then we were told that the apartment was going to be ours after we signed the lease and gave a security deposit and first and last month's rent (3 weeks before school). We then informed the owners of the other apartments that we were no longer interested. The next week (2 weeks before school), we showed up to sign the lease and give our $$ to the landlord, and found that the lease contained a clause requiring $200 for an additional occupant. At that point, we could not back out as you will not go far in law school homeless. Also, we feared arguing about the clause might lead the landlord to back out of the agreement, and we would be entering law school without a home. Furthermore, the landlord's personality is quite domineering, and a judge might talk with her for 2 minutes and conclude that she was engaged in undue influence. But overall, I agree with you and think that I should pay the $200 a month. If the lease did not contain this clause, I would refuse to pay and have her take me to court, while withholding rent and forcing her to come up with money to pay her mortgage.

[OHlandlord]

No matter how domineering or abrasive the LL is, that doesn't constitute duress. (As a law student you should know this.) His personality has nothing to do with it. You signed a legal contract. You chose to sign it. (You could have asked for a blank copy to look over before signing.) You chose the cancel the other apartment you had looked at. (You could have told this LL "no, I've already accepted another place".) You chose the time line a few weeks before school. (Many college students line up student housing months in advance.) These were your choices and the LL had nothing to do with them.

Had this clause not been in your lease, the LL could not charge you any amount. Changing the rent amount is a material term of the contract. No material term can be changed during the length of the contract unless it is specified in the lease. Since this was in your contract, you agreed to it and will have to pay it. Let your GF know that if you refuse and don't pay, you can be evicted. You will be in violation of your contract.



FYI: You probably could not rent withhold for this. Rent withholding in most states is reserved for habitability issues. This is a dispute on rent and fees. You most likely would not be able to rent withhold for it. Your only recourse (had it not been in your lease) would have been to take the LL to court.

Rent withholding is for habitability issues. This is a remedy afforded to tenants in SOME states to be an incentive for the LL to make needed repairs to the unit. (Rent withholding and repair & deduct remedies are NOT legal in all states.) Just as in repair & deduct, there are rules. The procedure for rent withholding generally goes like this:

You send written notice to the LL of a repair needed. Mail it certified, return receipt requested. Keep a copy for yourself. When the receipt comes back, you have proof that you made the request and he received it. (***Always send all repair requests this way, except for emergencies. Call for emergencies, then back it up in writing.) Doing it this way is important to be able to prove later that he was notified and failed to act. The LL then has a time limit to repair -usually 48 hours to begin emergency repairs, 30 days to begin needed repairs (not emergency), and he can refuse those deemed cosmetic. If he doesn't respond within this time, you then call the clerk of court to begin rent withholding. You have to follow the specific procedure for your state! Normally, you deposit the entire rent amount, on time, to the clerk of court or their designated account. You don't just keep the money yourself! The court notifies the LL that they have his rent and he can claim it after repairs. (If they don't have it, there's no incentive to force him to do repairs.) If you fail to follow the procedures for your state, you can be evicted for non-payment. The law says the LL has to be notified first and given time to act before you can rent withhold or repair & deduct. The receipt proves the notification part and starts the time limit clock. (Check for the time limits in your state as these can vary by state law.) Good luck with your studies.

Originally Posted by Nick

My girlfriend just moved into my apartment, and the landlord wants to charge $200 additional per month for her. I currently pay $825 a month, for the master bedroom in a 3 bedroom apartment ($2150 total). I am a law school student, and I live with two other law school students, and all three of our names are on the lease. The lease includes a provision stipulating $200 additional rent per person, but I was hoping to argue that we signed the lease under duress or undue influence and that $200 is unconscionable for an additional occupant. What do you think my chances are? I've read that the landlord can charge 10% of the monthly rent for an additional occupant, but would that be 10% of my $825 ($82.50) or 10% of the total rent (>$200)? Thanks.

Nick - don't be a jerk. You want her there pay the $200 and be happy. If not, out she goes. Don't be another cheap ass lawyer in training ok! It is attiutdes like yours that make LL more diligent in rules.