Legal Question in Real Estate Law in California

Landlord increases rent to a (2) bedroom rate for adding person.

I've been living single in a spacious (1) bedroom for (5) years. I pay $500.00 rent. I recently took my 19 year old nephew in and my apartment manager is charging me $200.00 dollars more per month. I'am the only one on the rental agreement. I live in Upland (San Bernardino County). The (2) bedrooms here go for $645! Is this legal? She tells me that if and when my nephew moves out, my rent will reduce back to the original fee of $500.00/mo.. Your advice will be greatly appreciated. I can't help to feel like I'm being juiced!


Asked on 8/30/01, 1:16 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Landlord increases rent to a (2) bedroom rate for adding person.

Thanks for your posting. The law states that you can sublease your apartment, i.e., rent to another person within the terms of your original lease, IF the landlord also agrees, implied or expressly. There's your problem -- your landlord will only agree if you pay the higher amount. Your best bet, in my opinion, would be to find another place and have all of you move in from the start.

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Answered on 9/30/01, 11:15 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Landlord increases rent to a (2) bedroom rate for adding person.

Whether your landlord can charge you $200.00 per month more for an additional person is almost entirely dependent on the lease you signed. I suspect that somewhere in the lease you will find a provision that governs this situation. In any event, it is "legal" to charge more for additional people, but again, whether the landlord can charge you, and probably how much can be charged, is most likely in your lease.

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Answered on 10/01/01, 1:53 pm


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