Woman Claims Her Landlord Is Trying To Charge Her An Extra $75 For An 'Additional Occupant': Her Newborn Baby
She's unsure if her landlord has the legal power to increase her rent just because her family is expanding.
DexonDee / Shutterstock Landlords tend to get a bad reputation with tenants. Most people who have been renters at some point in their lives have had at least one negative experience with a landlord over, sometimes, basic necessities.
Whether it's ridiculous rent increases, neglected maintenance, or poor communication, a terrible landlord can make your living situation uncomfortable or even unsafe. However, one woman is putting her landlord on blast after her family received a notice that their rent was being raised for a reason that she doesn't think is even legal.
A woman said her landlord is trying to charge her an extra $75 in rent because her newborn baby is considered an 'additional occupant.'
In the Reddit post, she explained that she and her partner live in Arizona. They welcomed their first child, and for the first two months afterward, the infant was in the NICU. After bringing their newborn home, the couple went to pay their rent and bumped into their landlord, who had been unaware that the woman was pregnant and immediately started inquiring about their baby.
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"Our landlord noticed our little one [and] asked how old she was. [The landlord] briefly mentioned the extra charge for our baby [and] how it’s retroactive," she recalled. She further shared that she and her partner rent a two-bedroom apartment and pay for all their own utilities, so the two of them were initially confused and taken aback by their landlord talking about a rent increase because of their newborn.
However, when they looked over their lease agreement, they realized the landlord had enacted a clause that stated tenants were required to pay an additional fee for all new occupants staying in their designated apartments.
"Tenant(s) agrees to pay seventy-five dollars ($75) each month for an additional person who shall occupy the premises for more than a two-week period," the agreement stated. "If Tenant(s) fail to inform Landlord of additional people occupying the premises, the seventy-five ($75) per person, per month fee, will be assessed retroactively to the move-in date of the additional occupant(s)."
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At the time of signing the lease, the woman and her partner had no children and therefore reflected that in the agreement. It seems they were unaware of the clause and felt overall bamboozled by their landlord. Now, they've taken to the internet to find out if the landlord is legally allowed to charge them this fee.
While some suggested the woman try to address this with the landlord, others believe she should take legal action.
In an interview with Parents, Scott Chang, director of litigation at the Housing Rights Center in Los Angeles, advised that if anyone were to experience a landlord attempting to hike up the rent like the woman in the Reddit post was experiencing, it would be wise to speak to their landlord as a first step."It's not a bad idea to talk to the landlord on their own first because maybe they will just not impose the surcharge," Chang said. "But if the landlord isn't budging, they should go to a fair housing organization, or they could file a complaint."
One user pointed out that it may come down to the fine print in the lease. They wrote, "I have no idea how a court would see it, but 'children' are called out specifically before mentioning 'additional persons'. So maybe the 'additional persons' clause wouldn't necessarily apply to additional children."
Other commenters tried to offer the woman some advice. "Seems like, at least, a potential fair housing violation along the 'familial status' protection. Just a thought," one user pointed out. Another user added, "You live in a 2-bedroom unit. You should legally be able to have up to 5 people in that unit, per occupancy standards. I don't think a lease can dictate whether or not you have children — that's discrimination."
Though specific regulations vary by state, there are federal laws in place that protect renters based on familial status.
The Fair Housing Act prohibits landlords from making housing unavailable or unfair to any renters, regardless of their age, gender, race, religion, national origin, familial status, or disability. It explicitly states, "In addition to prohibiting an outright denial of housing to families with children, the Act also prevents housing providers from imposing any special requirements or conditions on tenants with custody of children." These regulations also don't just apply to parents with biological children, but also to those adopting or fostering children as well.
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Attorney Seth Rosenfeld, who has been practicing landlord-tenant law for over 15 years, said that charging someone additional rent for a baby could be a form of discrimination. He stated, "Landlords need to be very careful with things like this because it is illegal to charge someone more money on their rent just because of the birth of a child. This could lead to discrimination against families or single parents, for example."
Despite the legality of the situation, Rosenfeld empathized with families that rent, saying, "Everyone deserves to be able to find an affordable place to live, and someone should not find that impossible simply because they have kids."
Nia Tipton is a staff writer with a bachelor's degree in creative writing and journalism who covers news and lifestyle topics that focus on psychology, relationships, and the human experience.
