Does he have any grounds to enforce this?

First off, I live in Denver Colorado and my landlord charges an extra 100 per
extra person living in my apartment. My girlfriend and I were both living here
together temporarily paying the extra 100 but, she just moved into her own
place at the beginning of the month. My landlord is trying to say that we are
lying and that she is still living here because she comes over. She has shown him
her new lease and he said it’s not an official lease because it’s a sub-lease. He
is also saying that if she is going to be here more than three days each month
that she needs to remain on the lease and we need to pay the extra 100. Does he
have any grounds to enforce this?

Asked on July 7, 2016 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, he can charge the fee if and when the lease provides for it...this is purely a contractual matter (what you agree to; a lease is a contract) and the law generally says nothing about additional occupant fees. (Note that if your lease does not provide for occupant fees, you cannot be charged them at all.) If you and the landlord disagree about what the lease means (e.g. whether under a given situation occupant fees are required or not) and cannot work it out between you, only a court can determine who is right and when you have to pay. You can refuse to pay and, when the landlord takes legal action, raise your interpretation of the leas as a defense and see if the court says you are right (and you don't have to pay) or wrong (do pay). If you do this, make sure you have the money available if the court orders payment.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, he can charge the fee if and when the lease provides for it...this is purely a contractual matter (what you agree to; a lease is a contract) and the law generally says nothing about additional occupant fees. (Note that if your lease does not provide for occupant fees, you cannot be charged them at all.) If you and the landlord disagree about what the lease means (e.g. whether under a given situation occupant fees are required or not) and cannot work it out between you, only a court can determine who is right and when you have to pay. You can refuse to pay and, when the landlord takes legal action, raise your interpretation of the leas as a defense and see if the court says you are right (and you don't have to pay) or wrong (do pay). If you do this, make sure you have the money available if the court orders payment.


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