additional occupant, raised rent and pet deposit

[15minutes]

I have two difficult issues. I am the signer on a 2 year lease for a 3 bedroom apt in Brooklyn. I have one roommate named on the lease. I had asked my landlord if I could take on another roommate and he agreed. I did not get this in writing. He now wants to raise the rent for the 3rd person.
1. Can he raise the rent beofre the lease is up for renewal?
2. Can he force the 3rd person to move out if we refuse to pay higher rent?

Secondly, there are no rules about pets in the apartment. I paid a one -month security deposit when I moved in. The landlord now wants to collect a $900 deposit for the 3rd roommates dog. Can he do this?

[Bfry]

Well, for one, your lease is your lease. You can't just change a legal contract in midstream. Also, unless there is a specific clause in your lease limiting the number of occupants in the apartment, and you are not rent regulated, you can have all the roomates you want as long as you don't create a nuisance.

I saw a citation this evening in the Housing Court Decisions section that seemed to say that demands for additional rent for additional occupants, even if provided for in the lease, are unenforceable. Do a search on it.

I don't know about it's legality, but pet deposits seem to be popular. Once again, however, it would seem that with no specific injuctions on pets in the lease that requiring a pet deposit is also changing the contract, and I don't think you could be required to pay it. Of course that would almost certainly cause you problems when lease renewal time comes up. And it gets complicated, since as the leaseholder you are in the end responsible for any "damage" the pet might cause, getting the deposit to the landlord, and for getting it back to your roommate if they move. Maybe if the roomate had a specific written agreement directly with the landlord... Anyway, like I said, it's complicated.

And slightly off tack, remember that deposits have to be placed in a separate, interest bering account by the landlord, so make sure you get that too if and when. And always get it all in writing.

[mjr203]

If there was no pet rider or clause in the lease then I don't think they can prevent you from having a pet or your new roommate in a 3br from having a pet. Any damage done to the apartment is covered by the security deposit regardless of whether it is a dog tearing a bite out of a wall or you tearing a bite out of the wall. The security deposit is the security deposit I don't see why he would need or could demand an addn. $900 "pet deposit".

Don't let him make up the law on you.