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Charging an application fee for a new roommate

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Charging an application fee for a new roommate

Postby ds123456789 » Wed Aug 04, 2010 8:30 pm

My old roommmate moved out and a new roommate is moving in. The landlord wants to charge a $500 application fee for the new roommate, even if he/she isn't listed on the lease.

My understanding is that they can't prevent me from switching roommates under the Roommate Law and thus shouldn't be able to charge an application fee.

However I don't want them to refuse to renew my lease because of this, which will happen soon. Is this something they can do? Should I ...

A) Say that I will be the only one living here when I renew the lease (they know this is not true)
or
B) Have the new roommate pay the fee, and try to fight it at a later date
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Postby Julissa » Thu Aug 05, 2010 4:45 pm

Well how else is the landlord suppose to screen this new roommate of yours without an application with the roommate's info on it?

I do think $500 is excessive and $100 for the application is more reasonable but nevertheless, an application with the roommate's info is needed for screening purposes.

What's not to tell that he's a convicted criminal on the run? The landlord needs to keep taps on all his tenants to maintain a safe and secure environment for his tenants.
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Postby TenantNet » Thu Aug 05, 2010 5:12 pm

Julissa, it appears you don't have an understanding of tenants' rights.

First, it's a roommate, not a new tenant. The tenant still has the obligation to pay the rent, all of it.

And the Real Property Law gives the tenant the right to have a roommate. It's not up to the landlord who the tenant selects, so any screening fee -- which is usually related to financial ability -- is prohibitive. The landlord can demand the name of the roommate, but not other information. That's why they call it the "live-in-lover" law ... the relationship - and other information about the roommate - are none of the landlord's business.

The OP should be concerned about what might happen in future leases, but that in itself does not give the owner the right to charge any fee.
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Postby ronin » Sat Aug 07, 2010 12:50 am

A $500 fee for a roommate seems to directly violate the roommate law. There is no justification for it whatsoever. The prime tenant is already on the hook for the rent. Is that fee included in your actual lease?

As for renewals, on a non-regulated apartment there is no right to a renewal. The LL can do what they want. However, in this particular market, the LL's are having trouble getting top dollar and they may want to keep a well paying tenant around. If you are in a market apartment and move out the LL will lose money looking for a replacement.

(My various sources of information on the vacancy rate are conflicting. But I chalk that up to RE puffery to hide the fact that rentals are suffering.)

You might also like to look and see what's available. All of those luxury condos that were sitting empty last year are starting to open up to rentals and offering big incentives, etc. If you find something decent you might be able to upgrade or get your current LL to lower the rent to keep you from moving away!

It's been done.
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Postby ds123456789 » Sat Aug 07, 2010 9:47 pm

The fee isn't on the lease. Thanks for the replies all; I'm going to take my chances.
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