Can I get my money back

[Toniree]

In September my brother came to stay with me because my husband was going to be away for two months and I am ill. On the day he moved in, my landlord raised my rent 200/mth for his staying there. My brother didn't want me to have to go through any problems with her because she lives on the premises (it's a three family house). Can I sue her for the 200/mth back once my lease is over? He was going to give that money to me to help out with the house while he is there. This can not be fair. I pay the 200/mth separate from my regular 900/mth lease amount (by the way, I have not signed a new lease even though she asked me to). With my husband away, I can not be left home alone with our three children due to my epilepsy for long periods of time. She has made my brothers help turn in to even more of a problem. Can I recoup my money?

 

[JETX]

Read your lease. Does it stipulate who the allowed residents are??

If so, you would need to get the landlords permission (in writing) for any 'extended' stay 'guests'. I suggest you notify her in writing with the fact that you have NOT added a new person to your tenancy, but that your brother is staying with you due to medical reasons while your husband was going to be away. Add a line at the bottom saying "Approved" and provide a line for the landlord signature and date.

If the lease does NOT limit the 'guests', then you are NOT obligated to pay any rent above that shown in your lease for the valid duration of your lease.

 

[Toniree]

No. My lease says nothing of the sort. We are paying the extra 200 because my landlord lives in the house and we don't want any problems while we are living there. I want to know do I have a small claims case after I move out to recoup that money?

Help!!

 

[JETX]

Probably not. Your paying the money without registering any dispute will very probably undermine any subsequent claim to recover the spent funds.

 

[Toniree]

What should I do? Tell her I am not going to pay it? I will be opening myself to all kinds of problems. Calls to Social Services if my children happen to be heard crying. Anything could happen because I no longer trust my Landlord even though we have been friends for 25 yrs. I could easily be harrased just walking in my home. I have stopped paying her in cash (which she will find out today) which I am sure will already cause problems. So, if that happens, I will stop paying her the 200/mth. The really sad part is that I love my apartment, but would probably have to move at the end of my lease.