Hello my name is Judy. I am currently renting a 3bd 3bth home. I have been renting for 9mths. My brother and his wife and child asked if I can give them a helping hand while they get back on thier feet. I said yes they have been here for 1 week. My landlord called me last night saying that someone had told her they had been here for 3 weeks which is not true. She then proceeded to tell me that I would have to pay her $150 a week for them staying here with me. No where in my lease contract does it say that I can not have guests living here. I want to know if she can force me to pay that much money if they dont leave by the new year? All my lease has is the names of who was living here which were myself my ex-husband and 2 kids. My ex-husband no longer lives here. In total there is 6 people living here right now. Which is myself my 2 kids ages 5 and 1 and my brother his wife and their 10yr old son. Please help any advice is appreciated! Thank you!
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Family of 3 move in temp
- Thread Starter judy15
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Gail_in_Georgia
Moderator
Your lease specifies who can live there; you, your husband and your 2 children. You do not have the right to agree to let others move in with you without permission from the landlord.
Your relatives are not guests who only visit for a short period of time and then go back to live in their own place. Your own posting indicates that they have requested that you give them a helping hand until they get back on their feet. This implies that you are allowing them to live with you, not just visit.
While it is noble of you to agree to help them out, the landlord has a right to be concerned that three more people living there will increase the wear and tear on his rental unit. Can they help you out by paying the extra $150 a month to avoid you facing a possible eviction by breaching the lease?
Gail
Your relatives are not guests who only visit for a short period of time and then go back to live in their own place. Your own posting indicates that they have requested that you give them a helping hand until they get back on their feet. This implies that you are allowing them to live with you, not just visit.
While it is noble of you to agree to help them out, the landlord has a right to be concerned that three more people living there will increase the wear and tear on his rental unit. Can they help you out by paying the extra $150 a month to avoid you facing a possible eviction by breaching the lease?
Gail
They do not plan on staying here long. They are going to be helping me pay half of all the bills here which also include the rent. As it is the rent is already $875 a month to add another $150 a week is a little to much. My lease does not come to an end until March 2010. I want to know where does the landlord get $150 a week from? I do understand about the increase of wear and tear but I have never been a bad tenant I have never been late in paying my rent and I have never damaged anything here. This was going to be a Visit cause they were only going to be here through the holidays but they asked me to stay till they got their own apartment which they are looking at now. The landlord asked me to call her after the new year to see if they are still going to be here. I spoke to my brother and they will be leaving the first week or two of new years. I guess what I really want to know is if it is not on the contract can she force me to pay?
Gail_in_Georgia
Moderator
If you wish to know where the landlord gets $150 a week from, you will need to ask them.
Can she force you to pay? Well, no one can really force you to do anything. However, she can consider the process of eviction for breach of the lease contract by allowing more people than are listed on the lease to live there.
You may be a great tenant but your landlord has no idea whether your brother and his family are. By simply allowing them to move in, the landlord has not been given any chance to do any screening on them. This is not your property and quite frankly, you do not have the right to let others move into property that you rent and do not own.
Please consider that MANY people who give family members a helping hand REALLY do regret doing this. All too frequently these family members settle in nicely and have no incentive to leave, even when the very kind tenant faces eviction themselves because of this decision. The internet is full of folks asking how they can get rid of relatives/boyfriends/girlfriends/coworkers...even complete strangers...they took pity on and allowed to move in with them and now can't get rid of.
Is your brother and his wife ACTIVELY looking for an apartment now? I mean, actually going out and checking out the available apartments with a definite date that they will be moving into one..not simply reviewing what's available online or in the newspaper. If so, telling the landlord this when she calls is far less likely to get you in hot water with her.
Gail
Can she force you to pay? Well, no one can really force you to do anything. However, she can consider the process of eviction for breach of the lease contract by allowing more people than are listed on the lease to live there.
You may be a great tenant but your landlord has no idea whether your brother and his family are. By simply allowing them to move in, the landlord has not been given any chance to do any screening on them. This is not your property and quite frankly, you do not have the right to let others move into property that you rent and do not own.
Please consider that MANY people who give family members a helping hand REALLY do regret doing this. All too frequently these family members settle in nicely and have no incentive to leave, even when the very kind tenant faces eviction themselves because of this decision. The internet is full of folks asking how they can get rid of relatives/boyfriends/girlfriends/coworkers...even complete strangers...they took pity on and allowed to move in with them and now can't get rid of.
Is your brother and his wife ACTIVELY looking for an apartment now? I mean, actually going out and checking out the available apartments with a definite date that they will be moving into one..not simply reviewing what's available online or in the newspaper. If so, telling the landlord this when she calls is far less likely to get you in hot water with her.
Gail
About the eviction that is what I thought was going to happen. I will be talking to her. And as per if they are looking yes they are I have already seen some apartments with them. Thank you for all the help. I have one more question. If she takes me to court will a judge make me pay her that amount?
mightymoose
Moderator
Your lease likely has a clause that states you are not allowed to sublet- which is essentially what you are doing. Your landlord may demand the money- but if you do not pay, you are in violation of your lease and risk being evicted.
My lease dont have such clause all it has is our names on it. I know what clause you are talking about cause the pervious landlord I had had that clause in the lease. But this one doesnt. She only has our names what I have to do which really is all bout the trees. My lease is up in March she has to wait till then to evict me right?
Gail_in_Georgia
Moderator
The lease lists all who can live there (i.e., the names of the folks on the lease)...and by the way, since the ex-husband is listed, he is still responsible for the rent unless the landlord has released him from the lease.
And no, your landlord does not have to wait until March to evict you. If she chooses to begin the process today she can.
If she takes you to court it will likely be to have an eviction request granted (only a court can grant an actual eviction), not to get the extra money for these folks. Your landlord is being generous in giving you an "out" by allowing them to continue living there with the requirement that they pay an extra $150 a week rent.
Gail
And no, your landlord does not have to wait until March to evict you. If she chooses to begin the process today she can.
If she takes you to court it will likely be to have an eviction request granted (only a court can grant an actual eviction), not to get the extra money for these folks. Your landlord is being generous in giving you an "out" by allowing them to continue living there with the requirement that they pay an extra $150 a week rent.
Gail
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