Can my rent be increased mid-lease because I am expecting a baby this month?

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Can my rent be increased mid-lease because I am expecting a baby this month?

I am having a baby this month and my landlord just found out and wants to increase the rent because I am adding another person to the apartment. I feel that since it’s an infant I shouldn’t have to pay more. My lease is up this summer.

Asked on December 7, 2011 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A lease is a contract; while it is in force, neither party may change its terms or conditions. (Or more accurately: neither party may change its terms or conditions without the consent or agreement of the other, so in theory you could agree to pay more, if the landlord somehow convinced you it was fair or appropriate to do so.) Therefore, unless the lease itself has some clause or paragraph which would allow rent to be increased if the number of people in the household increase, the landlord may not raise the rent. Of course, when the lease is up, the landlord may seek an increase for any renewal.


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