Can a landlord raise the rent if I move in with my boyfriend temporarily?

Question

My boyfriend leases an apartment in Staten Island. I am his girlfriend, but I am Australian and so spend most of the time in Australia.

I came to the US to visit him for 2.5 months. I still have a month to go, but the landlord noticed I've been staying here and wants to raise the rent because of it. I can't legally work in the US and don't have any money to give if the rent does get raised, and I doubt he could really afford it on his own.

The thing is, I'm returning to Australia next month and won't be back in the US until next year, so is it reasonable for the landlord to raise the rent? It wouldn't be fair for my boyfriend to pay a 2-person rent after I leave and it's just him in the apartment. Is the landlord allowed to raise it for the one month I have left here, then return it to normal? I can see that being a good compromise if he insists on raising it. As it's a month to month rental agreement (no lease) I understand he can only raise the rent if BOTH parties agree to it, but he would be allowed to evict my boyfriend with a month's notice if he's not happy about the rent he's receiving. What can we do?

Answer 1

With no written lease then 30 days notice is all that is required to raise the rent.

My leases state how many adults are allowed to live in the unit being rented and also state the visitor policy which is after 7 days they are longer a visitor and the rent will be increased by X amount.

Answer 2

If your boyfriend had a written  lease in place, the answer would be no.

But since he doesn't, all he has to give your BF is a 30 day notice to raise it.

You are correct, if your boyfriend refuses to pay, he has to move out.

PS:  I am not sure how long your boyfriend has been living in NY, but month-to-month leases are RARE in NY, 2 years is the norm.

Answer 3

One of the leases that I signed had a paragraph that had a visitor clause.  Anything over 2 weeks, they added some to the rent.

If there is no lease, than the landlord can raise the rent.  That's what a lease is for.

Answer 4

yea as soon as you sign a lease you have pretty much signed away all your rights and the landlord can do what they want for the most part. your best bet would be to explain everything you wrote here and try to reason with him/her.

Answer 5

check the lease,  It should say in the lease when he can raise the rent..../

Answer 6

There are often different rental rates for a single versus double occupancy espcailly with an inclusive unit (as two people use more energy and water than one)

This is most likely either written into the lease, or the lease if for single occupancy only.   IN this case your boyfriend is in violation of the lease.

THere is not much you can do outside of worth with the landlord, let them know that as a visitor for 10 weeks you were unaware that the double occupancy applied.  Let them know of you intended departure date and work with them to come to a resolution.

It is very likely that you will need to pay double occupancy for the few months in question, however this will not be an outlandish amount of money, certainly cheaper than a hotel for 10 weeks.

If your boyfriend wishes to not have an eviction on his record working with the landlord within the terms of the lease is the only way to go.

EDIT: If he is only month to month the landlord has every right to raise the rent permanently and with only 30 days notification.

Answer 7

NO...YOU SHOULD JUST GO SPEAK WITH THE LANDLORD,,,EXPLAIN YOUR SITUATION......