How much additional rent may I legally charge for an occupant not listed on the lease?

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How much additional rent may I legally charge for an occupant not listed on the lease?

I recently rented my single family private residence to a family consisting of 2 adults and 2 children. My lease says that any additional persons staying at the home for more than a month are subject to additional rent. How much additional rent may I legally charge and for how long?

Asked on August 20, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your written lease with your tenants allows charging additional rent to any occupant in your property staying beyond a month, but fails to state what the rent would be for that extra person.

The easiest way to figure out a solution to your question would be to take the current monthly rate and divide it by four which is the number of people in your unit currently. If rent is $1,000 per month, the rental for the four current occupants is $250 per person per month. If there is going to be one more occupant in the unit, the extra occupant should be paying $250 per month under the above formula.

If your tenants want to have another person in the unit living with them, you can do it. I recommend that the new occupant sign a written lease for the duration he or she remains.

Good luck.


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