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Kansas: Secret roommate

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Lizardess0825

Junior Member
We've been renting our basement to a nice, quiet, introverted man for the past year-and-a-half. About six months ago, he'd asked if he could have a friend stay "for a while" with him to help her get back on her feet and find a job. We'd agreed that she could stay for a while. He was paying rent with an all-utilities-included option, and this woman was adding about $50 per month to the total bill. We come to find out that she'd been given a key and had been staying at our home the whole time! She had no posessions or car, and worked 16-hour days. We really had no idea until, one day, I'd been home sick from work and she let herself in the front door with a key! He turned in his 30-day notice after I'd approached him about her paying some rent. Can I legally take her share of the utilities from the deposit he gave to us? Can I at least bill him or remove the amount from his deposit for changing the locks since he gave an unauthorized person (who later admitted, while intoxicated, to a history of heavy drug use) a key to our home? Please help!
 


ecmst12

Senior Member
No, you can't bill him for something that he didn't agree to pay in the lease. The utilities are INCLUDED. Not included up to X amount. Sorry.

He gave her a key to HIS home, actually. Have him get it back and then you won't have to change the locks.
 

swrdmbo

Member
No way would I feel comfortable just having him get the key back from her.Who says he (or she) didn't have another key made? I would definitely change the locks once he's out!!

I would deduct it from his deposit, and if he fights it and they ruled against me I would at least have peace of mind!
 

Lizardess0825

Junior Member
Add-on

I should also mention that his lease states:
Use of Property Section - "Tenant shall not allow any other person, other than transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use."

Utilities Section - "All utilities (Gas, Electricity, Water, Trash, Sewage), including Cable and Internet will be provided for a single occupant at no additional charge to the monthly rent."


I should also mention, this woman was given verbal permission for UP TO one month in March, 2009. I don't exactly consider this a transient use.
 

juber0

Member
Your verbal permission means nothing. Once you created that lease you abide by the lease. Also you cannot deduct any money based the utilities. He has paid thoes im assuming. As with the key, you knew that she would be staying there one could assume that she would get a key. As with the lock, how much would that cost the tenant? If it is like 30-40 bucks I would go ahead and charge. Although I am not sure if this is legal, he could sue. You could make a good argue that the "secret" tenant could have a second key, which I feel would compel the judge towards your side.

You actually erred in your response. "For A While" could mean from a day to a year. You should have specified a specific time frame in which the secret tenant could stay.

Like I said by you saying "For a month" it would be pretty hard to prove.
 

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