If a roommate’s significant other stays at the apartment every night even when she’s not there, should he pay rent?

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If a roommate’s significant other stays at the apartment every night even when she’s not there, should he pay rent?

I have 2 roommates, one of whom is dating someone who stays at our apartment every night. He is there at times when the girlfriend is not there. He does not pay rent nor does he help with utilities. Should he be considered to be living with us and help with rent and utilities?

Asked on November 14, 2011 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not he *should* pay rent (or help with bills) as a matter of fairness is different from whether he *must* pay them--and he does not have to unless your lease or some other agreement (e.g. an agreement between the roomates) states that there is a limitation on how often guests can stay over, or that guests have to contribute, etc. Without such a contractual obligation or restriction, a tenant may have guests over as often as he or she likes, and only needs to pay those amounts set forth in the lease or other agreeement, and not additional amounts for the guest.


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