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  1. #1
    Join Date
    Jul 2012
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    24

    Default Landlord is Charging Me Extra Money for Additional Residents

    My question involves landlord-tenant law in the State of: Massachusetts

    When I first moved into my 3 bedroom apartment, my brother, myself, and my sons father were on the lease. My sons father had not moved in for months, and when he did, he was only here for a couple of weeks, got kicked out because he put his hands on me, and never paid rent. Before my sons father moved in, my brother had his pregnant girlfriend living here so she could help pay for rent since my sons father hadn't shown up yet. My landlord found out that my brothers girlfriend was living with us and said she was going to charge us back-rent for her, and we had to pay $50 extra a month for her, even though we took my sons fathers name off the lease, and there are no extra people in the house. I'm struggling to pay rent and I can't afford the back-rent charges and the extra $50 a month. My brother has hit hard times and hasn't been able to pay his whole share of rent, so I can't expect him to pay it if he doesn't have the money, and if I don't pay the rent, we will all be homeless. I already have two jobs and I'm using every resource I can find to keep my apartment...I'm even trying to sell my car so I can just walk to work, but I don't want to lose everything I have. How should I approach my landlord to handle the situation?

    Also, the landlord had told me previously that she didn't care who lived there, as long as I paid rent. Another thing, is that she made me pay first month's rent, security, AND last months rent to move in. In MA you're only supposed to do two.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Landlord is Charging Me Extra Money

    I can't see your lease from here. What does it say about extra charges for having unrelated adults move in with you?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord is Charging Me Extra Money

    do you have a fixed term lease? Does it list the tenants and allowed occupants? Does it list a number of total occupants? Does it address a situation where you have a guest beyond some specified period of time?

    Did the landlord agree to take your child's father off the lease? Was the lease actually resigned with the new tenants?

  4. #4
    Join Date
    Jul 2012
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    24

    Default Re: Landlord is Charging Me Extra Money

    It's 50 dollars per extra person. She wants to charge me three months prior for her too. It doesn't have a total allowed occupancy limit. It doesn't address guests, she hasn't taken him off the lease yet, and I don't know what that last question means.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord is Charging Me Extra Money

    Was the lease actually resigned with the new tenants?
    that one?


    if so, what it means is that if the lease is altered (such as removing a person from the lease), it effectively terminates that lease and a new one must be signed in its place. Since nobody was actually removed from the lease, it is a moot point.






    since you had extra people in the unit and it specifically states there is a $50/month fee for doing such, the landlord has a valid claim for the $50/month per person for anybody not listed on the lease as a tenant or occupant, even if one of the tenants listed was not there because by the lease, they could be there if they so chose to be.

  6. #6
    Join Date
    Jul 2012
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    24

    Default Re: Landlord is Charging Me Extra Money

    Does that still mean she can charge back rent?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord is Charging Me Extra Money

    if it is for the extra occupants, yes, she can. Per your lease you agreed to pay $50 per person per month for anybody occupying the unit that was not listed on the lease. Can you put forth an argument of why they would not be entitled to the past due money? Just because you were not forthcoming with the landlord by telling them you had additional occupants does not mean they cannot charge for the time there were additional occupants. Your only defense is one of proof. To make a demand in court the landlord will have to prove their claim.

  8. #8
    Join Date
    Jul 2012
    Posts
    24

    Default Re: Landlord is Charging Me Extra Money

    Okay, I have all the information I need. Thank you for your answers.

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