I began renting in April - I got a roommate in May. I asked my landlord if it was okay if my roommate moved in - the landlord asked how long he would be there - I explained that I did not know - maybe a few weeks, maybe a few months. Landlord said that was fine - did not ask if I would be getting any money from the roommate. My refrigerator was broken, I called landlord to have him check on it. He was in my apartment (when I was not there) to check on the refrigerator. My roommate had left a check for me on my kitchen table. My landlord saw the check and now has told me I need to pay him an additional $300 (lump sum) in rent for the time my roommate has been there. My lease says that my rent cannot be increased for the first year I am there. Since I obtained permission for my roommate to stay there, do I have to pay the $300? Also, does my landlord have the right to come into my apartment and look at things (checks, other papers, etc.) that may be laying on my table - or anywhere else for that matter? Am I right to feel violated? What else has he potentially gone through? Do I have any rights here???

As always...consult with an attorney in your area.

In general....

If your lease says your rent cannot be increased for a period of time then that is what is binding unless a new or supplimental contract is signed by you and the landlord. If there is a clause in your lease however that allows him to tax you extra money for anyone who stays there and pays you money then that might overrule the other clause.

Merely because a "check" is left on the table does not mean it is for rent... who knows...maybe it was so you could buy new boxer shorts for all the landlord knows...unless it is written on the check that it is payment for rent then he is none the wiser and cannot prove absent the testimony of your firend or your testimony under oath that it was for rent. And even if it was, it might be argued that it was a gift from your friend in appreciation for your help and was not a condition of his staying there and as such he was not a "roommate" as the term is commonly applied. Nor does it constitute your
"subleasing" since you continued to live there during this time and thereafter.

What this seems to me to be about, is your landlord is out for money...be careful and keep good records of what happens, when, who says what and so on. If you get any demand for payment notices or eviction notices... I would get a hold of an attorney immediately...as a rule there is no fee to consult with an attorney about what rights you might have and go from there.

The check did have "rent" written in the memo field, however, what right did my landlord have to come into my apartment and read anything that was laying on my table? Unless he took the check out of my apartment and made a copy of it, he has no way to prove that is what it said. Wouldn't it have been illegal for him to take the check out of my apartment??? Additionally, my roommate uses my car all the time - for all the landlord knows, that was payment for "renting" my car.

The only items in the lease that worry me are the following lines:

Under the USE OF LEASES PREMISES section, the first line reads, "Tenant agrees to use the premises only as the personal residence of Tenant and agrees not to assign this lease or sublet the premises."

Under the RIGHT OF ENTRY section, the first (and only) line reads, "Landlord, or any person authorized by Landlord, without specific consent of the Tenant, has the right to enter the premises at reasonable times to inspect, to make repairs or alterations as needed, to enforce this lease, and after notice of termination is given, to show the premises to prospective tenants." Does this give him the right to come in and look at my stuff? Do I need to begin locking up any items I do not want him to have access to???

Under the REMEDIES FOR DEFAULT section, the second line reads, "If Tenant fail to pay rent, or any other sum, to Landlord when due, or defaults in any other provisions of this lease...." then lists the penalties. Could the $300 be considered part of the "any other sum" area?

Under the CONTRACTUAL LEASE WAIVERS section, the final line states, "Tenant also agrees not to assign or sublet the premises or any part of the premises."

Under the ENTIRE AGREEMENT section, "This lease represents the final and complete agreement between Landlord and Tenant. Any oral or written promise made by either party prior to the signing of this lease and not including in this lease is not enforceable."

I contacted my landlord when my roommate was moving in and told him I would have someone staying with me - I was asked how long he would be staying and I explained that I was not sure - it could be a couple of weeks or a couple of months. Obviously that is not in the lease, but there is also nothing in the lease that states I cannot have overnight guests - my roommate works out of town so is only here half the time anyway. My landlord did not ask if my roommate was going to be giving me any money and would not know that he was if he had not read my personal property.

Depending on the laws of your state...in general the terms "assign" and "sublease" mean you are surrendering the apartment to somone else, whether in whole or merely for a specified time. Since you did not abaondon your apartment, based on what you have shared, then it does not appear that these clauses would affect you.

In terms of your landlords' right of entry...you are bound to your lease unless it is, in whole or in part, illegal, unconscionable or violates public policy in some way. Having said this...No. It does not mean your landlord has the right to come in and go through your stuff...but here, you left the check in plain view and like it or not..people are nosy. If your landlord took the check out of your apartment that is another matter but you infer only a hypothetical question by what you wrote.

Landlords can be very irretating...presupposing that because they "rent" an apartment they have the right to intrude upon others, at will. Some landlords go so far as to sexually harass tenants while others engage in other forms of harassment and whatnot.

I can understand and I apprecitate your feelings. I would feel no less the same. It may be a case in, which this will blow over; I do not know. I would not address the matter with him until you can do so in a calm manner.

I once had a landlord who violated my right of privacy every chance she got. Coming into my apartment at any hour wihtout any prior notice, including at 6am when I was sleeping. She would come in and take lightbulbs because the electricity was part of the rent and she wanted to limit the amount of electricity being used. That, by definition is theft because I bought the lightbubls and thus she had no right to take them. I was fururious and I finely decided to cure her of her misbehavior. So, I went out and bought all the dirty and disgusting porno mag's I could find...laid them all over my apartment wide open....her behaivor stopped and my lightbulbs were once again safe in never-never land. :D

The point being here is that there are those landlords who are just plain jerks and violate your right of privacy whenever they want. Then you have other landlords that are decent and treat their tenants like paying customers and not like a piece of garbage. Your landlord is who he is and the moment you told him you frig was broke you gave him the right to enter your apartment without notice per your contract. It is therefore a risk you take in leaving things out for others to be nosy about...no...it is not right or fair....but that is the reality.

Your landlord was there fixing a problem, or at least looking at it (the fridge). Since the check was sitting out in the open (he didn't have to go through a drawer to find it), the landlord did nothing wrong. You could tell the landlord that that check was for the rental of your car, but he doesn't have to buy it. Since it states that you can not get money from someone else staying there, then your landlord has the right to obtain this fee. If you fight it to much, the landlord according to the lease, can kick you out for having a roomate, and not just a long term guest.

Your question relating to the terms "other sum" actually is a good question, the term "other sum" however is overly broad and ambiguous and because of this, it would ultimately be a question of law for the Courts to decide. Sometimes you can successfully argue against contracts because of this very thing...

I am almost willing to bet that the Courts would likely interpret the terms "other sum" to apply to say property damnage, parking lot fee's, pet fines (some apartments include a fine if you walk your dog without a leash or in the wrong area). Keep in mind however, let's say your electricity is included in your rent...the landlord might have a valid argument against you for having another person living there for extended periods becuase the rent is calculated according to one person living there and thus, the amount of electricity anticipated that one person would use and thus, you would effectively be costing the landlord money that he likely could recover ... he would however have to have proof of his claim.

“My refrigerator was broken, I called landlord to have him check on it. He was in my apartment (when I was not there) to check on the refrigerator”

When you make a repair request, then you have implied permission to enter. Your presence is not required, You have violated the terms of your lease by subletting your apartment. It does not matter what the could have interpreted, You do not have a guest, you have a roommate having cheated your landlord and he deserves to be compensated for his loss. It looks like his lease is pretty airtight and you are clearly in the wrong. I would bet that he also had you sign a waiver of your 30 day notice to vacate and he can take his case to court without any further notice to you. (legal in PA).