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    Default Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment

    Quote Quoting adjusterjack
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    As asked, the only answer that can be given is "yes."

    That may change if you provide details about how it is happening to you.
    I should have worded this differently. Instead of increasing the "rent" the landlord is charging a "fee" for the second person. So in the lease, rent for a one-bedroom apartment is for argument's sake $1000 per month. If you have more than one person, an occupancy fee is then supposed to be paid monthly. The lease only states an occupancy fee of $150.00 not a monthly occupancy fee, just an occupancy fee of $150. It does not state what the occupancy fee is for. It does not say if it is a one time fee or monthly. I am trying to figure out why a landlord would write a lease this way instead of just making the rent $1150.00 in the lease. Why an occupancy fee? If the second person only spends a few months a year in the apartment is the occupancy fee only due when the second person is in the apartment? Austin is supposed to have some tighter protections for married tenants and I am trying to figure out what that means and why someone would want to write a lease this way. Both husband and wife are on the lease. The leasing office is calling the occupancy fee monthly rent, but that is not what the lease says. Legally, what is the difference between a fee and rent?

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