The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Extra monthly fee for extra person visiting - Landlord Forum thread 351291

Extra monthly fee for extra person visiting by AJ (NJ) on March 24, 2017 @14:36

                              
Hi All,

I signed a lease to a 2 bedroom apartment in Jersey City, with a buddy of mine. On the lease it stated:


"Additional Roommate /Guest (3rd guest whose stay exceeds 7 consecutive days on any month) that exceeds 2 PERSONS is subjected to additional guest surcharge of $150.00/person/month."


My girlfriend has visited and stayed the night only 4 times since we signed the lease which started beginning of March. She has her own place, but probably will stay over as often as any other couples in a relationship would.

Recently, I've received an email from the landlord stating that I'm in violation of the lease, and that we'd be charged the $150 on our next month, as he had seen her 3 times leaving my apartment for work in the morning. I was able to explain that we had not violated the clause, and avoided the charge, but he turned it into a warning, stating that the clause meant each unique guest can only stay up to 7 days for the whole year of the lease, so if he sees her again, we would be subjected to the charge.


"We all agreed not to charge you an additional surcharge of $150.00/person/month for the month of April 2017 -- providing that you would agree to all the conditions set forth on your lease. Specifically, the SAME GUEST CANNOT stay more than 7 days combined during the entire length of your one-year lease duration (meaning, that SAME GUEST could stay at your apartment either 7 days consecutively or could scatter/spread seven days in total during your one-year term of the lease)"


I can't help but feel this isn't right. So basically, since he observed 3 days, my girlfriend would only have 4 days left for the entire year to come visit. What about other family and friends who visit? I can't even have my gf stay over on weekends?

I wouldn't hesitate to butt heads for being unfairly charged, but I also don't want to cause strife with the landlord to place I just signed. What supporting information can I use to start a civil conversation with him that this is kind of absurd and unreasonable?

The lease does not state anywhere that its only 7 visits allowed per year for the same guest, only the clause above.

Do you have any links to specific NJ sites I could go to find more information?

I wanted to ask for insight on tenant law on the legality of this, as I've read tidbits here and there about additional occupants being allowed and illegal to be charged a fee as per federal law. But I also understand state law is different, but was unable to find anything in regards to NJ about this particular matter. Any advice is appreciated, thanks!
[ Reply ] [ Return to forum ]

Re: Extra monthly fee for extra person visiting by Anonymous (ca) on March 24, 2017 @15:24 [ Reply ]
The wording you showed clearly says "7 days total in the month." The LL cannot simply change it now. You have the right to have guests. It's ironic that he's the one asking you to agree to stick to the terms of the lease. Ask him to do the same.
Re: Extra monthly fee for extra person visiting by Anonymous on March 24, 2017 @15:43 [ Reply ]
You realize that there are many ignorant landlords in the rental business and you have unfortunately rented from one.

On it's face, the lease clause would be nonenforceable as being over restrictive. It would be hard for a landlord to enforce such a lease clause and it most likely violate fair housing laws. As in the case where a child would visit their non-custodial parent.

Some landlords just lack common sense.
Re: Extra monthly fee for extra person visiting by Anonymous on March 24, 2017 @17:10 [ Reply ]
Additional Roommate /Guest (3rd guest whose stay exceeds 7 consecutive days on any month) that exceeds 2 PERSONS is subjected to additional guest surcharge of $150.00/person/month.

So my take is his "guest clause" is reasonable. I wouldn't want anyone staying on the rental more than 7 in a month, consecutively or scattered.

But as what the other poster said, he cannot change the enforcement of that clause arbitrarily. So I wouldn't sign any lease amendments if I were you.

On a side note, I have a "guest clause" on my lease but I'm not charging a fee. I'm asking the renter to get a written consent from me if he expects a guest to stay more than a week. Violation can be grounds of eviction.
Re: Extra monthly fee for extra person visiting by Anonymous on March 24, 2017 @17:37 [ Reply ]
there is a guideline which serves as a foundation. it is called AGAINST PUBLIC POLICY or CONTRARY TO PUBLIC POLICY.
Basically it means that something lacking in basic fairness or common sense becomes unenforceable. Something outrageous, excessive or as the lawyers like to say ""divorced from reality''.

while a specific guest more than 7 in 30 is reasonable, a total of 7 in 365 for that specific person is not.

a constant parade of many people all the time,...is gonna be a problem.

airbnb and the like have opened up a large can of worms.

it seems your landlord is just plain crazy or is out to get you for some reason. -- noise, housekeeping, excessive vehicles, drugs, criminal activity. Most landlords want tenants who pay on time / in full,...don't annoy other tenants or the LL and are clean and quiet.

Your girlfriend coming and going and not indeed having ''moved-in'' should be acceptable to your LL. You and your guests should be polite and civil.

if your GF indeed ''moves in'' that's another story and I would recommend a conversation with your LL in advance. I raise rent generally 100 to 300 per for additional occupants
and sign them onto the lease AFTER they clear appl. and credit.

That being said, I've also let it slide with great tenants who were trouble free AND ALREADY PAYING GOOD / UPPER END MARKET RENTS

Parking is always a challenge
Re: Extra monthly fee for extra person visiting by Daniel (CA) on March 24, 2017 @19:53 [ Reply ]
Do you want to be evicted?
unless you have rent control laws that protect you, then a LL can unilaterally change the terms of a rental agreement.
If you piss off your LL then he may take the next steps to enforce and evict.
If you don't like the terms of your landlord then you can move.

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google