• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can my landlord charge additional rent per occupant?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tigerjust0001

Junior Member
What is the name of your state (only U.S. law)? PA

Hi everyone.

My family owns a mobile home and we have it on a Mobile Home Park where we rent a lot. We have lived here for almost as long as I can remember (I am 23 years old).

My mom and dad have been separated for about 6 years, so it is now me, my brother, my disabled mom, my sister and her two daughters (2 and 5 years old). My sister has 2 jobs and is looking to move out very soon...I graduated college and I am looking for a full time job to move out as well. My brother works as a mechanic and is looking to buy a house soon if he can secure a mortgage and find a place he wants.

Recently, I would say in the last 5-6 years the park changed ownership...the old owners sold out to the new owners. The new owners had everyone sign new leases upon them taking the park over. However, they never asked anyone to sign new leases until this month...

The interesting thing is when they took over, maintenance of the park got really bad. The roads are all pot holed, they didn't adequately clear the snow and ice from the winter, a lot of homes have puddling in front of them from the concrete going bad (one guy actually has tadpoles and mosquitoes living right outside of his home because of this and has had no luck getting them to do anything even after suing them and withholding his rent in an escrow account), they have shut off half of the street lights, and we have had 2 boil notices for the water due to them not maintaining the well correctly. The same guy who sued the park started a homeowners association where people can meet and discuss the park and what they can do to make the owners take care of the issues. The park manager showed up to the first meeting and kept laughing and watching everyone discuss the park issues...nobody asked him to leave and if they did I don't think it would have been legal for them to ask him to. The last straw was when we received our most recent boil notice with a letter attached informing us that there would be an increase of rent from 280 a month to 300 a month for all lots.

Fast forward a couple of months (there is now a Facebook page for the organization, many people have complained to DEP because of the water issues which smells like straight up dirty swimming pool water, etc.) and we are being asked to sign leases again. I understand since the rent increased that it is a good idea to have your tenants sign a new lease. This time around though the landlord asked to meet with every tenant personally before giving them a lease to sign. My mother goes to the office to meet her and she asks who is living with her...she tells her that her 2 sons and daughter and her 2 grandkids who are 2 and 5. She says that's a lot of people living there and you will use more utilities (well water, sewage, and trash) so I will have to charge you probably 550 dollars all together. She handed my mom a blank lease and told her she would send her a specific lease for her. The same people minus my dad have lived here for the past 5-6 years (except the 2 year old obviously). We are trying to understand how she can jack the rent up now because she thinks we will use more utilities than someone else...isn't that familial discrimination?

My mom has started looking for places to move to, but she is having issues because we are low income and she is disabled so it is tough living off of disability...which the landlord actually made fun of her for when my mom disputed a rent late fee a few months ago with her over the phone...telling my mom she wouldn't believe someone who doesn't work and is living on disability...FYI -- my mom worked since she was 16 (now is 43) until she started developing neurological issues...her right arm swells and she loses control of it (can't write or even use a computer mouse), extreme pain like her arm is being stabbed, extreme headaches, etc.

Thanks for the information/help in advance. We really appreciate it!
 


STEPHAN

Senior Member
It all depends on the contracts. If they are expired and you are month to month, LL can ask whatever he wants. You have the right to disagree and move.

If you are currently under contract and there is nothing in the contract about increase, than the LL can not do anything. But once the contract expires, see above.
 

tigerjust0001

Junior Member
It all depends on the contracts. If they are expired and you are month to month, LL can ask whatever he wants. You have the right to disagree and move.

If you are currently under contract and there is nothing in the contract about increase, than the LL can not do anything. But once the contract expires, see above.
Well, the old lease expired and she gave us a new blank one to read over while she makes one specifically for us. There is nothing in the blank lease she gave us that says anything about who can live in the home and how many...there is a page with additional charges that states "$100 per additional occupant" but nowhere does it say anything about how many people can live here before the additional charge takes effect.
 

STEPHAN

Senior Member
Both sides are free to negotiate whatever they want. You can ask for people to be added to the contract. You don't have to accept their draft. But if you can't agree with LL, keep in mind that it is his property and be prepared to move.
 

tigerjust0001

Junior Member
Both sides are free to negotiate whatever they want. You can ask for people to be added to the contract. You don't have to accept their draft. But if you can't agree with LL, keep in mind that it is his property and be prepared to move.
At this point we just don't want evicted before we find a new place to go to...my mom is worried that she will be evicted though because once we get the new lease she does not plan to sign it.
 

STEPHAN

Senior Member
What does the current contract say? Usually there is a regulation what happens if the contract expires. In this case she might have to get a 30 day notice or so from the LL. She can always try negotiate a few extra month. Eviction is a legal process and does not happen over night.
 

tigerjust0001

Junior Member
What does the current contract say? Usually there is a regulation what happens if the contract expires. In this case she might have to get a 30 day notice or so from the LL. She can always try negotiate a few extra month. Eviction is a legal process and does not happen over night.
I know, but still scary :(

Not sure what the lease states about it...I think it just goes month to month, but nothing specific happens?
 

ajkroy

Member
Mom could always ask the three other adults living there to pitch in for the increase. It might make it more of an incentive for the adults to move out. The additional $250 divided by the three of you is less than $85 additional per month, on top of your share of rent you're already paying. Otherwise, those adults can just move rather than make a disabled woman leave her home.

If, for some reason, the three additional adults who are causing the mom's rent to go up AREN'T paying rent...? Grow up and pay your share.

Six people is a lot for a mobile home.
 

FarmerJ

Senior Member
Since your brother was looking for a home perhaps he may want to consider looking into multi-unit like a duplex or triplex so this way your mother can move there too and could pay rent to him, and he lives in the other unit. I suggest this because it appears that things may not improve drastically in this mobile home park and this way family members would not have to worry about park management. Id suggest that he could speak to a lender to see how they would calculate rent payments into mortgage qualification ( other wise unless your state laws regulated lot rental rates then there may not be much else you can do but pay it or every one move out.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top