Duplex - Different lease terms on either side?

Question

Hi BP Community,

We have a duplex where we inherited the existing tenant on one side.  When we put the existing tenants on a new lease we did not charge a pet fee for their small dog and cat.  We are now screening tenants for the other side, and I wanted to put in a $25/month pet fee.  Am I allowed to charge them a pet fee if the other side (existing tenant) is not being charged for their pets?  Or would I need to have the existing tenants pay a pet fee also to make this legal?  I would plan on revising the existing tenant's lease next year to include a pet fee, but want to make sure I am on the up and up in the meantime.  Any insight is greatly appreciated!

Thanks!

Tim

Nathan Gesner · Answer

@Timothy Boyd there is no problem with making changes between the two units. At some point, the two tenants may talk and one may learn they are paying more than other. Head it off at the pass. Talk to your existing renter and let him know that you've decided to start charging pet rent for all future leases, including a renewal if he elects to stay.

Timothy Boyd · Answer

@Jaron Walling  Thank you so much Jaron!  This is exactly what I needed to know.

Timothy Boyd · Answer

@Nathan G.  Thanks Nathan.  That's a great idea and I will do that.  Much appreciated!

Jaron Walling · Answer

@Timothy Boyd You can legally charge them what ever you want if it's written and signed in the lease agreement. The existing tenant has nothing to do with the new tenants. When the existing tenants lease is up you can require them to sign a new agreement (probably 30 days in advance). If they don't like the updated lease and pet fee they can find another property to rent that doesn't require it.

With the housing shortage going on you should have no problem finding a great tenant. I do property management/handy man work for investors in my market and they have tons of interest only hours after advertising for it.