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

UPDATED: Aug 20, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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