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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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Massachusetts tenant/landlord experience preferred. I rent a

Customer Question

Massachusetts tenant/landlord experience preferred.
I rent a privately owned unit in a condominium complex. I don't pay utilities other than my electric bill. I recently renewed my lease for another year at the same rate as the last lease for 1400/month.
Now, I decided to have my girlfriend and her 3 year old son move in with me in the unit. Her son will only be with us every other week since he spends half the time with his father.
When I informed my landlord of my decision, he said that it's ok for them to move in but he's going to have to raise my rent 200 more per
month.
Is he within legal rights to raise the rent just because someone it's moving in to the unit??
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is there any occupancy limit stated in your written lease contract?

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thanks

Barrister

Customer: replied 4 months ago.
No, there isn't a specified limit written in the lease. It was listed as a 2 bedroom but it's more like a bedroom and a half. The half bedroom is more than enough for a toddler to live in for at least half the time.
Expert:  Barrister replied 4 months ago.

Ok, if your lease doesn't say "Occupancy limited to 1 adult" or something like that, then unless there is some other restriction in the lease that would prevent additional occupants, then they landlord can't prevent you from moving in GF and child. Most landlord's put occupancy limits in their leases to prevent this type of thing, but if your's didn't, then he is out of luck and couldn't prevent you from doing so.

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Further, if there is nothing in the lease that allows him to bump the rent for additional occupants, he can't do that either. The lease controls the entire relationship here and what the parties can and can't do.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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