Have originally 3 people living in a house all on lease. We had another person move in who is not on the lease, now making it 4 people. We didnt tell our landlord of the addition. Our lease says nothing about the number of people that can be living in the house or that we cant sublease. All 4 of us have our own rooms, 2 of the 4 roommates are brothers, and we are not violating any zoning laws. Our landlord wants to start charging us for the extra roommate. He also wants to retroactivly charge us for time the 4th roommate has been there. He just brought this up after about 4 months of the 4th roommate being on the premesis. Does he have the right to do this?
Landlord / Tenant Lawyer
No, unless your lease would allow him to charge more for the rent, it also could be classified as discriminatory. You however may be in default of the lease if your lease has a specified limitation on the number of persons in your unit. Also check the code to see if there is a minimum number of square feet per person your city allows.