lease modification on day 3

[Dan Vleck]

Tenant said on 3rd day after signing lease that we have to modify it because her handicapped dad wants to move in. It's a 4/2. I approved them knowing 5 people would occupy, 2 adults and 3 kids. Can I request additional rent if I approve the dads application? 

[Jeff Rabinowitz]

Is this a strong tenant or a marginal one? Are there other strong tenants interested in the unit? My tenants do not tell me what to do. They may ask occasionally and I try to accommodate them when their requests are reasonable and they contribute to the cost if their request has added cost associated with it. When their requests are not reasonable I let them know and refuse them. I find it hard to believe that these tenants did not know they would be asking you to add Dad to the lease before they signed the lease. This is a bad precedent and could be the sign of a needy tenant. Needy tenants are seldom worth the aggravation they cause. Assuming Dad has some income and passes your screening, adding him should make it easier to collect rent and to collect any damages after the tenant moves but I would pay particular attention to how they notified you of the change and whether you feel you wish to deal with these tenants at all. At the very least, make sure Dad goes through your process and pays for any expenses required for the screening. It takes time to train tenants--consistency helps.

In most States raising the rent might be problematic and could violate equal housing laws regarding familial status. I don't believe this family status is specifically mentioned but it would be worth speaking with a local attorney who can give you guidance as to how this might be interpreted in your area. Other than that, rent for a unit is generally determined by the size, type, and comps not the number of residents, as long as the number of residents does not exceed the capacity of the unit.