Can my landlord increase my rent if my son visits me for longer than 3 days?

I live in a 2-bedroom apartment with my 10 year old son. I have a disabled 22 year old son who visits. I was told that my lease says that my rent will increase if a visitor stays more than 3 days. Is this legal?

Asked on July 26, 2010 under Real Estate Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It certainly does not sound that way, does it?  Fundamentally a lease is a contract between tow parties.  It is usually understood that they have agreed to the terms of the lease when they sign it.  But certain provisions of a lease can be found to be "unconscionable" or "against public policy" and stricken by a Judge.  It does not make the entire lease void just that provision.  Or it can make the lease "voidable" meaning that it can be stricken entirely.  What you need to do is to take your lease to an attorney who specializes in this area to read on your behalf and let you know based upon the law of your state.  You can also try a tenant organization.  They can let you know your options. Good luck. 


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