Can I raise rent if tenant move 2 parents in?

General Landlording & Rental Properties
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Can I raise rent if tenant move 2 parents in?

Adam Lee
Boise, ID · Member since 2018 · 1 post · 0 votes

My tenant currently has six people living in the property that has four bedrooms there are four adults and two children. The tenant has applied to add his two parents to the agreement. Bring the total to eight people for four bedrooms. I’m in the state of Idaho, can I legally raise the rent when this amendment takes place? Am I allowed to deny it?

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Henry T.
Member since 2022 · 1k+ posts · 1k+ votes
2y
Quote from @Kevin Sobilo:
Quote from @Henry T.:
Quote from @Kevin Sobilo:
Quote from @Henry T.:

In Seattle you definately could not. In Idaho it would depend on what you have written in your lease.


Please explain why you could not in Seattle.

To me this is a very basic thing where the tenant is requesting a lease change and the landlord can accept it, deny it, or try to negotiate it.

In Seattle, what would the landlord say "I'm sorry, but since I am not allowed to raise rent to compensate for the extra utility usage I have to deny your request." Then if they sneak the people in, just evict them?


 In Seattle you could not deny the request, screening the  the new "Family member" is pointless, and you cannot raise or change fees if they move in.  Here is a screen grab from the Seattle/Landlord tenant laws. Btw, I am currently selling and getting out. This is just one of many examples why.


 VERY interesting. Without researching the state's laws my guess is that this ordinance is not legal.

MANY MANY MANY times municipalities create ordinances that THEY KNOW aren't legal KNOWING they can get away with enforcing them for a good bit of time before they are challenged and struck down in court.

Also, this doesn't address occupancy limits. There are limits to how many people can occupy a property and a landlord is allowed to set a limit LOWER than that limit but reasonable. So, if the occupancy limit for this unit was already met then this ordinance would not be applicable at all because no roommate could be added.

I guess a lease in that city should have a per capita clause. Where for each additional occupant $XX per month is added to the rent. In this way the lease terms would remain the same and you just can't change any "move-in money" like additional deposit etc. Sounds like that would conform to the ordinance and allow increases. 


Yup, but who wants to be point-man and fight this crap? There's another ten laws equally disturbing. I love your creativity, but in the event of a problem professional tenant, you and I both know this is going to court. Personally, I have better things to do. Seattle allows for a renter to move in ANY number of room mates they want to. Non family/screening allowed, Immediate Family/cannot use screening. No changes to rent $$$ allowed. I can't recall if that law adheres to HUD occupancy limits or not. I don't really care, I'm out. But it's mind blowing isn't it?

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  • Alecia LovelessPro Member
    Member since 2019 · 3k+ posts · 2k+ votes
    2y

    @Adam Lee It May depend on what your lease says.

    In my leases I have it written down customized per unit based on what they have applied for. For instance I might say the rent of $1600 is for 2 adults and 4 children. I then put any additional person who stays more than 5 consecutive nights will be $100 apiece per month and must apply to be on the lease if they stay more than 10 nights.

    0Reply
  • Glen Wiley
    Investor · Richmond, VA · Member since 2023 · 459 posts · 474 votes
    2y

    Our lease is written to require everyone over 18 to be on the lease. Gives me more people to name in an unlawful detainer filing if rent lapses. This also means that you have the option to allow/disallow and must have new lease or an addendum signed. At that point you can name a new monthly rate.

    Having said that - consider whether it will increase the risk of them leaving, Vacancy is expensive. If you go vacant because they decide to move, one month vacancy is worth 16 months of $100 increased rent.

    0Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    2y

    In Seattle you definately could not. In Idaho it would depend on what you have written in your lease.

    0Reply
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Henry T.:

    In Seattle you definately could not. In Idaho it would depend on what you have written in your lease.


    Please explain why you could not in Seattle.

    To me this is a very basic thing where the tenant is requesting a lease change and the landlord can accept it, deny it, or try to negotiate it.

    In Seattle, what would the landlord say "I'm sorry, but since I am not allowed to raise rent to compensate for the extra utility usage I have to deny your request." Then if they sneak the people in, just evict them?

    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    Common sense says yes. But the lease is king, see what it says...

    0Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    2y
    Quote from @Kevin Sobilo:
    Quote from @Henry T.:

    In Seattle you definately could not. In Idaho it would depend on what you have written in your lease.


    Please explain why you could not in Seattle.

    To me this is a very basic thing where the tenant is requesting a lease change and the landlord can accept it, deny it, or try to negotiate it.

    In Seattle, what would the landlord say "I'm sorry, but since I am not allowed to raise rent to compensate for the extra utility usage I have to deny your request." Then if they sneak the people in, just evict them?

     In Seattle you could not deny the request, screening the  new "Family member" is pointless, and you cannot raise or change fees if they move in.  Here is a screen grab (p.35) from the Seattle/Landlord tenant laws. Btw, I am currently selling and getting out. This is just one of many examples why.

    1Reply
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Henry T.:
    Quote from @Kevin Sobilo:
    Quote from @Henry T.:

    In Seattle you definately could not. In Idaho it would depend on what you have written in your lease.


    Please explain why you could not in Seattle.

    To me this is a very basic thing where the tenant is requesting a lease change and the landlord can accept it, deny it, or try to negotiate it.

    In Seattle, what would the landlord say "I'm sorry, but since I am not allowed to raise rent to compensate for the extra utility usage I have to deny your request." Then if they sneak the people in, just evict them?


     In Seattle you could not deny the request, screening the  the new "Family member" is pointless, and you cannot raise or change fees if they move in.  Here is a screen grab from the Seattle/Landlord tenant laws. Btw, I am currently selling and getting out. This is just one of many examples why.


     VERY interesting. Without researching the state's laws my guess is that this ordinance is not legal.

    MANY MANY MANY times municipalities create ordinances that THEY KNOW aren't legal KNOWING they can get away with enforcing them for a good bit of time before they are challenged and struck down in court.

    Also, this doesn't address occupancy limits. There are limits to how many people can occupy a property and a landlord is allowed to set a limit LOWER than that limit but reasonable. So, if the occupancy limit for this unit was already met then this ordinance would not be applicable at all because no roommate could be added.

    I guess a lease in that city should have a per capita clause. Where for each additional occupant $XX per month is added to the rent. In this way the lease terms would remain the same and you just can't change any "move-in money" like additional deposit etc. Sounds like that would conform to the ordinance and allow increases. 

    1Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    2y
    Quote from @Kevin Sobilo:
    Quote from @Henry T.:
    Quote from @Kevin Sobilo:
    Quote from @Henry T.:

    In Seattle you definately could not. In Idaho it would depend on what you have written in your lease.


    Please explain why you could not in Seattle.

    To me this is a very basic thing where the tenant is requesting a lease change and the landlord can accept it, deny it, or try to negotiate it.

    In Seattle, what would the landlord say "I'm sorry, but since I am not allowed to raise rent to compensate for the extra utility usage I have to deny your request." Then if they sneak the people in, just evict them?


     In Seattle you could not deny the request, screening the  the new "Family member" is pointless, and you cannot raise or change fees if they move in.  Here is a screen grab from the Seattle/Landlord tenant laws. Btw, I am currently selling and getting out. This is just one of many examples why.


     VERY interesting. Without researching the state's laws my guess is that this ordinance is not legal.

    MANY MANY MANY times municipalities create ordinances that THEY KNOW aren't legal KNOWING they can get away with enforcing them for a good bit of time before they are challenged and struck down in court.

    Also, this doesn't address occupancy limits. There are limits to how many people can occupy a property and a landlord is allowed to set a limit LOWER than that limit but reasonable. So, if the occupancy limit for this unit was already met then this ordinance would not be applicable at all because no roommate could be added.

    I guess a lease in that city should have a per capita clause. Where for each additional occupant $XX per month is added to the rent. In this way the lease terms would remain the same and you just can't change any "move-in money" like additional deposit etc. Sounds like that would conform to the ordinance and allow increases. 


    Yup, but who wants to be point-man and fight this crap? There's another ten laws equally disturbing. I love your creativity, but in the event of a problem professional tenant, you and I both know this is going to court. Personally, I have better things to do. Seattle allows for a renter to move in ANY number of room mates they want to. Non family/screening allowed, Immediate Family/cannot use screening. No changes to rent $$$ allowed. I can't recall if that law adheres to HUD occupancy limits or not. I don't really care, I'm out. But it's mind blowing isn't it?

    2Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y
    Quote from @Henry T.:

    It is indeed mind-blowing! Glad you're able to get out! Where the heck are you going?


    0Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    2y
    Quote from @Bruce Woodruff:
    Quote from @Henry T.:

    It is indeed mind-blowing! Glad you're able to get out! Where the heck are you going?


    Straight to hell my son :)  .....Stuck in this hell hole for at lease a few years(kids in school), but the Seattle rentals are being shuttered, rehabbing, to be sold. No 1031, I'll suffer the tax hits. AZ? Idaho? are my preferred choices. 
    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y
    Quote from @Henry T.:
    Quote from @Bruce Woodruff:
    Quote from @Henry T.:

    It is indeed mind-blowing! Glad you're able to get out! Where the heck are you going?


    Straight to hell my son :)  .....Stuck in this hell hole for at lease a few years(kids in school), but the Seattle rentals are being shuttered, rehabbing, to be sold. No 1031, I'll suffer the tax hits. AZ? Idaho? are my preferred choices. 

    Good for you! As one who looked near and far before leaving Cali, I can tell you that AZ has gotten a bit more expensive but the weather is nicer. Even in the valley the summers are tolerable with the right amenities.

    Let me know if I can help in any way....

    0Reply
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