should rent increase when tenant moves in roommate not on the lease?

[satre51]

What is the name of your state (only U.S. law)? TN
I rented a house to a single woman, with the understanding it would be just her living there. No specifics about additional renters in the lease. After moving in, she moved in a male platonic roommate. I was surprised by that, although she did ask my permission first. Is it customary for a landlord to increase rent when that happens? Since the additional renter contributes more wear & tear on the house, hvac, etc.

 

[LdiJ]

What is the name of your state (only U.S. law)? TN
I rented a house to a single woman, with the understanding it would be just her living there. No specifics about additional renters in the lease. After moving in, she moved in a male platonic roommate. I was surprised by that, although she did ask my permission first. Is it customary for a landlord to increase rent when that happens? Since the additional renter contributes more wear & tear on the house, hvac, etc.

No, its not customary to charge extra money because there are two people living in the home vs one, nor could you do so if the lease does not allow for that. She didn't even need your permission if the lease did not allow for your permission to be required.

 

[justalayman]

You said there is a lease. Most people use that to refer to a written rental agreement. If that applies in your case, read the lease regarding occupants, any requirement for obtaining permission or is it flat out not allowed. Then, you enforce your rules


unless your lease allows for an increase of the rent for some reason, it must remain at what is stated in the lease.

one thing is glaringly obvious:


you have not adequately prepared yourself to be a landlord. You really need to educate yourself of the laws regarding landlord tenant relationships.


here are a couple links that will get you started:

http://www.laet.org/getattachment/993c9198-f323-49c2-981a-3ea3327df17b/Tenant_Rights_Under_The_Uniform_Residential.aspx

https://www.tn.gov/assets/entities/commerce/attachments/Consumer-LANDLORDANDTENANTFAQs.pdf

 

[latigo]

What is the name of your state (only U.S. law)? TN
I rented a house to a single woman, with the understanding it would be just her living there. No specifics about additional renters in the lease. After moving in, she moved in a male platonic roommate. I was surprised by that, although she did ask my permission first. Is it customary for a landlord to increase rent when that happens? Since the additional renter contributes more wear & tear on the house, hvac, etc.

Your lessee would certainly be permitted to invite a quest or two for a reasonable periods of time.

But this free loader is not an invitee. He has taken up what can reasonably be presumed to be his immediate permanent residence. And not being signatory to the lease he is in effect trespassing on your property. And neither custom or convention allows him to do so.

Options: You can either demand that he pack up and promptly quit the premises, OR, if you find him acceptable as a tenant, have him sign on to an amended lease with himself as a contracting co-lessee and increase the rent to a level which reasonable compensates you for (as you correctly state) additional "wear and tear". Also any security deposit should be increased accordingly

Your legal grounds rest in the fact that even though the lease doesn't expressly restrict the leasehold to a single occupancy, it can be so reasonably be implied.

As for Ld's lame logic, there is no justification whatsoever to claim that that multiple use does not add to the normal deterioration and wear of the leased premises. Nor that such is not an factor in calculating the rental rate.

 

[LdiJ]

Your lessee would certainly be permitted to invite a quest or two for a reasonable periods of time.

But this free loader is not an invitee. He has taken up what can reasonably be presumed to be his immediate permanent residence. And not being signatory to the lease he is in effect trespassing on your property. And neither custom or convention allows him to do so.

Options: You can either demand that he pack up and promptly quit the premises, OR, if you find him acceptable as a tenant, have him sign on to an amended lease with himself as a contracting co-lessee and increase the rent to a level which reasonable compensates you for (as you correctly state) additional "wear and tear". Also any security deposit should be increased accordingly

Your legal grounds rest in the fact that even though the lease doesn't expressly restrict the leasehold to a single occupancy, it can be so reasonably be implied.

As for Ld's lame logic, there is no justification whatsoever to claim that that multiple use does not add to the normal deterioration and wear of the leased premises. Nor that such is not an factor in calculating the rental rate.

This response is entirely BS.

In the first place, Latigo is ignoring the fact that there is a lease and the lease controls. If the lease does not prohibit additional residents then you cannot prohibit additional residents, nor request additional rent or an additional security deposit. His incredibly lame argument about additional wear and tear is just that, lame...and the whole "it can be reasonably implied" bit is absurd.

In the second place he is also ignoring the fact that you ALREADY gave permission for the additional resident, therefore even if the lease gave you the power to accept or deny an additional resident its too late.

If you were to attempt to make demands upon your tenant that are not allowed for under the lease and the tenant refused, then your only legal option would be to file for an eviction. If you filed for an eviction under the scenario you have described, you would be laughed out of small claims court.

Seriously? Think about it? "Your honor I want to evict this lessee because she won't pay me additional money for an additional resident." Your tenants response would be "Your honor, the lease does not prohibit additional residents and besides, I asked her permission and she said it was okay". The judge would totally be annoyed with you for wasting the court's time.