View Full Version : House is zoned for single family yet landlord makes us both rent out to 2 more people
haas1ce
Oct 4, 2010, 11:56 AM
The house I am living in is zoned for a single family. My roommate and I were told me needed to find 2 more people to live in our house. Our rent was doubled from 300 each to 600 each so that one extra person each would just pay us for living there because our landlord said he could only legally have 2 leases for the property. (There is 4 bedrooms).
One person who moved in has paid on time and everything is fine. The other person has not paid on time and is causing problems. How do we get our landlord to change both of our leases back to 300 each? (The 2 new people would move out). We could tell the city what happened but how could we get our price per person on the lease to be changed to 300?
AK lawyer
Oct 4, 2010, 01:37 PM
... our landlord said he could only legally have 2 leases for the property. (There is 4 bedrooms).
I suspect the LL was either confused or lying to you. How many leases he has isn't the problem. The problem is that he can't rent to you and others unless you are all in the same family. In that case, there would normally be only one (not two) lease.
... How do we get our landlord to change both of our leases back to 300 each? (The 2 new people would move out). We could tell the city what happened but how could we get our price per person on the lease to be changed to 300?
Had your prior lease at $300 expired when he doubled the rent? If not, the LL was not entitled to increase the rent.
If your previous lease was up, and unless there is some sort of a rent control law where you live, you can't get the LL to change the rent back to $300. The LL can charge you what he wants to charge you.
excon
Oct 5, 2010, 03:59 AM
Hello h:
Call your local zoning enforcement office. They'll SHUT him down. Yes, you'll have to move too. It's a SINGLE family home. That means he can only rent to a SINGLE family. That's NOT you and your roommate.
excon
AK lawyer
Oct 5, 2010, 05:20 AM
Hello h:
Call your local zoning enforcement office. They'll SHUT him down. Yes, you'll have to move too. It's a SINGLE family home. That means he can only rent to a SINGLE family. That's NOT you and your roommate.
excon
I don't know. To paraphase Clinton, "It depends upon what the definition of 'family' is." For example, it appears that OP and roommate are OK. But what's confusing me is the issue of the rent increase. How are doubling rent and the single-family issue related?
excon
Oct 5, 2010, 05:39 AM
I don't know. To paraphase Clinton, "It depends upon what the definition of 'family' is." Hello lawyer:
In my view, one lease could be a "family". TWO leases, no.
excon
AK lawyer
Oct 5, 2010, 06:59 AM
Hello lawyer:
In my view, one lease could be a "family". TWO leases, no.
excon
That's what I would think. But ultimately, it doesn't matter what we think. It depends upon the specific language of the zoning ordinance.
Weird as it may seem, it is technically possible for a husband, wife, and an adult child (i.e.: a family) to each sign a separate lease (a "room-mate" situation) with a landlord, all for the same single-family residence.
haas1ce
Oct 5, 2010, 10:32 AM
From what I heard from a few people that in my city a single family is considered like people with the last name who are related and one extra person. So like 3 brothers in their 20's and one of their girlfriends could live together as an example but not 4 people who are just friends.
The landlord first was just renting to me and my friend with 2 leases then he changed his mind and said both of our rents were going to be doubled and we had to find 2 more people who would not have leases. (This was before we signed the lease). So we signed and then things went wrong
AK lawyer
Oct 5, 2010, 11:14 AM
From what I heard from a few people that in my city a single family is considered like people with the last name who are related and one extra person. ...
If this goes to court, you will need more than rumor. It would be best to get a zoning official to testify, or at least get the official text of the zoning ordinance.
...
The landlord first was just renting to me and my friend with 2 leases then he changed his
...
(This was before we signed the lease). So we signed and then things went wrong
You had leases before ($300/person/mo.), and then you signed new leases (still $300/person/mo. but 4 leases instead of 2)? If the leases you signed (after he tried to raise the rent) are void because they would be illegal, and if the previous leases haven't expired, you should be able to hold the LL to the terms (rental amount & number of occupants) specified in the earlier leases (untll they expire).
haas1ce
Oct 5, 2010, 12:39 PM
You had leases before ($300/person/mo.), and then you signed new leases (still $300/person/mo., but 4 leases instead of 2)? If the leases you signed (after he tried to raise the rent) are void because they would be illegal, and if the previous leases haven't expired, you should be able to hold the LL to the terms (rental amount & number of occupants) specified in the earlier leases (untll they expire).
No, we never signed any leases until everything was told to us. We were to have 2 leases at 300 per month each. Then before we signed we were told we had to find 2 more people to live with us and that we would have 2 leases at 600 a piece now. He said it was because of zoning issues we could only have 2 leases total because it is single family housing. He made it sound okay and we are all in our 20's and not very into legal matters so we signed...
Fr_Chuck
Oct 5, 2010, 06:27 PM
So don't sign the lease ( if you have not already) and only agree to rent your room for 300 dollars.
He is operating a rooming house or multifamily rental at this point, ( in my opinion) which should allow you to break the lease for illegal rental.
Again reporting him will shut him down and get you evicted
haas1ce
Oct 5, 2010, 06:33 PM
So don't sign the lease ( if you have not already) and only agree to rent your room for 300 dollars.
He is operating a rooming house or multifamily rental at this point, ( in my opinion) which should allow you to break the lease for illegal rental.
again reporting him will shut him down and get you evicted
I did sign the lease and have lived here for almost 2 months. I want my lease broken. I am just worried that if I tell then the 2 other people will move out and 2 people will stay and have to pay 600 each (one of those people is me because my name is on one lease). Or do you think it will be broken all together because its illegal?
AK lawyer
Oct 5, 2010, 06:57 PM
... Or do you think it will be broken all together because its illegal?
Maybe.
Hard to say for sure without reading the actual leases.
twinkiedooter
Oct 7, 2010, 05:08 PM
Call the Zoning Department and report this greedy SOB of a landlord. They definitely will shut him down for running a rooming house and your lease will be broken. So what's so hard about that? Might take a few weeks to accomplish but they will shut him down, fine him, etc. and you'll be free from your lease.