Can a Landlord charge me more for having a child?

[clintonkatie]

What is the name of your state? Kansas

Ok, just a tiny bit of background. We have be tenants at the same apartment for 5.5 years. When we moved in we did not have children. Our rent has increased a little each year with the landlord giving us the proper 2 month notice to raise our rent before our lease ends. Our current lease ends/renews on May 31st 2008. In KS I know that if nothing is said by either party the lease renews for the same term after the lease end. We were surprised that we had not gotten a notice about the rent being raised this year but just thought nothing of it. Well on June 1 there was a note on our door about our rent being raised $15. (most of the other leases end July 31st). With our June rent payment I attached a note saying that we had received the notice but per KS landlord tenant law we were not notified 60 days prior to our lease ending therefore we would be continuing to pay the lower amount through the end of our lease. We then got a phone call (message) from the manager saying that she had been sick and that's why she didn't get us the notice in time and that the owner really wants us to pay the higher rate because we now have 2 kids. I was livid, but I just ignored the message. Well today I got another message saying that the owner wants to meet with my husband and I because our lease isn't valid because we have 2 kids, he wants to draw up a new lease. As an aside there have been other 2 children families here. At least 2 besides us and I know that they weren't charged more. I know he just wants us to pay the higher amount because they screwed up and they are using the kids as an excuse. Isn't it discrimination to change our lease to cost more because we have kids? And can a LL just decide they want to "re-do" a lease?

Sorry this was long. Thanks in advance for replying!!

Katie

 

[BL]

I don't know about your state , but I doubt the lease is invalid because you born children .

My State allows for other occupants under the Law , you just notify the LL.

Then when the time comes and proper notice , the LL can raise the rent .

If you pay your own utilities , then those extra cost are on you , but if the LL pays them , extra occupants is one reason they may raise the rent .

Don't sign a new one as yours is valid , no matter what their excuse .

 

[Who's Liable?]

What is the name of your state? Kansas

Ok, just a tiny bit of background. We have be tenants at the same apartment for 5.5 years. When we moved in we did not have children. Our rent has increased a little each year with the landlord giving us the proper 2 month notice to raise our rent before our lease ends. Our current lease ends/renews on May 31st 2008. In KS I know that if nothing is said by either party the lease renews for the same term after the lease end.

We were surprised that we had not gotten a notice about the rent being raised this year but just thought nothing of it.

LL's responsibility.

Well on June 1 there was a note on our door about our rent being raised $15. (most of the other leases end July 31st).

Is this legal per your states LL/T laws? Verify and have the clause ready and in hand.

With our June rent payment I attached a note saying that we had received the notice but per KS landlord tenant law we were not notified 60 days prior to our lease ending therefore we would be continuing to pay the lower amount through the end of our lease.

Good, as long as you are correct that such a clause exists. Next time, send the letter CRR and keep a copy of the letter/note in a safe place.

We then got a phone call (message) from the manager saying that she had been sick and that's why she didn't get us the notice in time and that the owner really wants us to pay the higher rate because we now have 2 kids. I was livid, but I just ignored the message.

Being sick is NOT a valid legal reason. Tell her to pound sand.

Well today I got another message saying that the owner wants to meet with my husband and I because our lease isn't valid because we have 2 kids, he wants to draw up a new lease.

He may draw up a lease, BUT YOU DO NOT HAVE TO SIGN IT. You already have a lvalid legal lease.

As an aside there have been other 2 children families here. At least 2 besides us and I know that they weren't charged more.

irrelevant, UNLESS you can PROVE a LL cannot raise rent due to children.

I know he just wants us to pay the higher amount because they screwed up and they are using the kids as an excuse.

Most likely.

Isn't it discrimination to change our lease to cost more because we have kids?

Not sure, what were you able to find out?

And can a LL just decide they want to "re-do" a lease?

Yes, they can, BUT YOU DO NOT HAVE TO SIGN IT. Simply write them a letter stating there is no need for a meeting because you already have a valid lease. Send it CRR and keep a copy of it! IF they call, simply tell them to havea good day and hang up.

 

[nextwife]

Does your lease state that you are entitled to ADD additional occupants who are not referenced in your lease without prior LL authorization?

 

[BL]

Does your lease state that you are entitled to ADD additional occupants who are not referenced in your lease without prior LL authorization?

nextwife , the poster is talking about their own children .

Anything written into leases that goes against law is not enforceable .

 

[las365]

Our current lease ends/renews on May 31st 2008. In KS I know that if nothing is said by either party the lease renews for the same term after the lease end. We were surprised that we had not gotten a notice about the rent being raised this year but just thought nothing of it.

I'm not sure I'm following the fact situation correctly. Clarify for me if you would... did you sign a new lease in May at the same rental rate, or are you saying that when your lease expired it automatically renewed for a year instead of becoming a month-to-month lease?

 

[clintonkatie]

I looked at our lease again. It is actually written in our lease that they have to give us 60 days notice. Also it does say that that our lease is for two people and if anyone moves in they will be charged $20/day. I can't imagine that applies to a baby. That would have to be discrimination because how could a LL have a right to tell you if you get pregnant and have your baby you will be charged $20/day. Since my children are minors (2.5yrs and 9 mo.) they could not be held liable for the lease anyway. What a mess.

The lease automatically renews for one year. It is stated in the lease that way. If neither party says anything it just automatically renews. We did not sign anything and haven't since Dec '01 when we moved in.

 

[ecmst12]

That means you are liable for the rent increase as of the next month following 60 days from your written notice - in other words, September 1st.

 

[clintonkatie]

That means you are liable for the rent increase as of the next month following 60 days from your written notice - in other words, September 1st.

Not true. They have to give us 60 day notice before the renewal date which is now 5/31/08 in order to raise rent. Also the lease states they can only increase once per lease period and only under the terms stated above.

 

[nextwife]

I looked at our lease again. It is actually written in our lease that they have to give us 60 days notice. Also it does say that that our lease is for two people and if anyone moves in they will be charged $20/day. I can't imagine that applies to a baby. That would have to be discrimination because how could a LL have a right to tell you if you get pregnant and have your baby you will be charged $20/day. Since my children are minors (2.5yrs and 9 mo.) they could not be held liable for the lease anyway. What a mess.

The lease automatically renews for one year. It is stated in the lease that way. If neither party says anything it just automatically renews. We did not sign anything and haven't since Dec '01 when we moved in.

Were you two older kids NAMED as occupants who would be living there with you on your original lease application? If so, then NO, the LL cannot now charge extra to add those two kids as residents.

When did you formally advise the LL that you had added an occupant and who that occupant is?

 

[clintonkatie]

No the lease is for my husband and I those are the 2 people. There aren't any older children. When we moved in 5 years ago we did not have kids. Now we do. I didn't notify them in writing about my pregnancies but they were definitely aware of them since they ask how the kids are every time they call.

 

[TinkerBelleLuvr]

does it state in the least that was signed in 2001 that they have to give you 60 days notice, before the lease expires, on an increase? or are you going on the kansas requires them to give you 60 days notice. Since the increase came AFTER 05/31/2008, I would probably agree with prior comments that they should go pound sand.

As per contract law, to have a contract, there has to be a LEGAL offer, you have to accept the offer, and there must be consideration. The problem is their offer (the 6/1/2007 notice on door), came in AFTER you already have an accepted offer - your current lease - regardless of whether there was 60 days notice or not. The consideration of course is the rent monies and you having exclusive use of the apartment.

Now, chances are you may want to consider moving elsewhere by 05/31/2008. Make sure that you give YOUR 60 day notice!

 

[clintonkatie]

does it state in the least that was signed in 2001 that they have to give you 60 days notice, before the lease expires, on an increase? or are you going on the kansas requires them to give you 60 days notice.

The lease states that they have to give the notice. And yes, when we do decide to move they will get a certified letter more than 60 days in advance!!!

 

[Who's Liable?]

No the lease is for my husband and I those are the 2 people. There aren't any older children. When we moved in 5 years ago we did not have kids. Now we do. I didn't notify them in writing about my pregnancies but they were definitely aware of them since they ask how the kids are every time they call.

There is NO LEGAL REQUIREMENT to notify the LL of your pregnancies OR newborns. This is NOT China.

Tell the LL to pound sand, UNLESS the wants to explain to a judge WHY he is wanting to charge for babies.

 

[clintonkatie]

an additional question...

Please read my original post for a tiny bit of background. We are coming close to the time when my landlord may want to increase our rent so I am running scenarios in my head...

Should my landlord give me proper notice this time around I expect that it will be for last year's and this year's amounts of rental increase. Because our lease renews before everyone else's, how can I be sure that they won't raise ours higher than the other apartments of the same size or does it even matter. Can they charge us more? I can easily find out how much they increase the other apartments because my brother-in-law and his wife also live in the building in an apartment the same size but I won't know how much their increase is until it is too late to not renew ours.

Thanks for your additional help with this matter...