Additional Guest Fee When Renting a Room at Share House

Hi guys I'm normally pretty bad at explaining situations to people but I'll do my best.

So, my girlfriend just started renting a room for, a share house with eight other occupants in Adelaide. I came over from Sydney to visit her for the week but our landlord has started to talk about extra payments for guests staying in the house. He is saying $15 per day or $70 per week. In the contract my girlfriend signed, it doesn't mention anything about an extra fee. Is any of this correct or legal in any way? I don't know the renting rules/laws, especially in SA.

Tldr: landlord asking us to pay an extra fee for guests even though the contract doesn't mention this fee at all.
Any help would be appreciated.

Comments

  • +2

    Sounds dodgy, and any vagueness in a legal contract generally benifits the side who didn't get it drawn up. Tell him no.

    • Exactly my thought, it is not written in the contract so I didn't like that he just surprised us with this "fee".

      • +3

        Typical doodlehead landlord.

  • +7

    If the agreement your GF signed was for her sole occupancy of the Room in the Share House, $70pw doesn't seem excessive for an Extra Person.

    • But he also has single night rate, does that mean if someone there picks up at the pub they are harassed for money the next day? No.

    • Yes it does. He's not living there. He's a guest. Renters are allowed to have guests. Without being harassed for extra fees

  • +1

    Tldr: landlord asking us to pay an extra fee for guests even though the contract doesn't mention this fee at all.

    Fees should be listed up front or at least they should have been made aware of fees for overnight guests.

    But its a share house. Is she renting a BED or a ROOM?

    $10/day would go towards extra water/power/wear etc. Its not over the top. Yes a little rough for only a week. But thats how it goes.

    • +3

      $10 a day for water and Electricity in Adelaide is a good deal…

      …but I'd want to see the quality of the water and have primo quality of Electricity supplied for the money.

      Plug in a Bitcoin generator to offset the $70. lol

      • Water and electricity are both decent, seeing that internet is rubbish most of the time I find it slightly more annoying that I need to pay to stay.

    • It is a ROOM, the landlord seems a bit fishy and just making up rules on the fly it seems. He told me he asked another tenant to pay him $75 per week for his guests and he's giving a me a deal for $70. Sure $10 a night is better than even the cheapest hostels in the city but I didn't like his practice of not being upfront about it.

      • Being a room and you're only there for a week, its a little rough. I also don't disagree with you about not being up front about the fees!

        Sadly you only have a few choices

        pay it or don't pay it or make a scene.

        The latter means your GF might have to deal with the fall out which could be worse for them than you paying $70.

        Maybe counter offer with, these fees hadn't been disclosed up front. I'll offer $50 for the week.

        • Yeah I'll try to fight it but don't really want to end up on the street without a roof over our heads for a night lol

          A counter offer sounds like a good idea and I don't really want him to be losing money from all this.

        • @lithiumion: As you said the guy is a little strange already. So fighting it too hard, might mean your GF will get a hard time in the future or kicked out.

          I have a feeling this isn't a rental thats all above board so to say? ;) So the standard rules don't always apply.

        • @JimmyF:

          yeah I think its well below board, which means I can haggle the price down ;).
          Thanks for the help =D

        • @lithiumion: Oh haggle for sure!

        • @lithiumion:

          Always consider your girlfriend's interests, but you may want to drop some allusions to the ATO…

  • Any and all costs associated with renting a place are written into the contract.
    If there is no 'guest fee' in the contract, there is no guest fee.
    Speak to the local rental advice people.

    • +1

      If you take that line, the contract also doesn't say they are allowed guests…. as the contract was for the OP GF only!

      • It doesn't say no guests either, and as such the ops gf gets the benifits from that as it's not her contract.

        • You haven't seen the contractor. At a wild guess, it most likely will have something saying its for the following people only.

          You know when you rent a house/unit? They also have the clause that only people listed on the lease can live there long term!

        • @JimmyF: a week is not long term though.

          Edit: and no how would I have seen his, my one in qld says I can have guests :)

        • @JimmyF: I will ask my GF for the contract, or ask what was in it. But she told me the contract was pretty "empty" and it simply had a date and the rent per week on it. It was probably typed up or something by the owner, so I don't think so much detail was put into it.

  • +2

    so, if it's not in the contract, you can stay as a guest forever for free ?

    • +4

      According to the SA government

      You can have guests that stay forever for free.

      https://www.sa.gov.au/topics/housing/renting-and-letting/sha…

      Tenants can have guests stay at their home without having to notify the landlord. There is no limit to how long guests can stay but if someone is staying for a long time, telling the landlord can help stop confusion.

      Rent can't be increased because a guest is staying with the tenant.

      • Ask your GF if she wants to show the Landlord this. I'm ultimately confused as to why he was notified though? Does he live with her or something?

        • He comes around every so often to check up on the house. It would be hard to hide this from him.

        • @lithiumion: What the? She has rights. He cannot attend without prior written notice, dude.

        • @ThithLord: he comes into the common areas. It seems this is fine by the other housemates as none of them have an issues with it

  • +1

    It is cheaper than staying in a hotel, so $70/week is a damn good deal. It is fair to the landlord. Imagine if you are in his/her situation and your tenants keep bring people home and use utilities. You would expect some form of compensation. Water and electricity arent free.

    • Water and electricity arent free.

      Nor do they cost anywhere near $15/day.

      • Wifi? Gas? Or you can pay $80-100/night at a motel. Your choice.

    • +1

      The tenants are paying for utilities so it doesn't make sense that the landlord gets the cash in his pocket.

      • So you try to work something out, maybe negotiate down to $40 or $50 a week. I dont think you can avoid paying the additional cost. I suggest to pay the fee and make your trip easy or create a problem for your gf when her contract is up. If you dont pay now, her landlord can withhold her deposit at the end of the lease and accuse her of damaging the room. There are other ways to make you guys pay.

      • This. Offer the tenants $ to off-set the extra person, as they are the ones already paying rent and utilities.

        He has no right essentially upping the rent of the property for a week.

  • +4

    Shared house with EIGHT other occupants should already be setting off alarms to start with.

    Having said that….shouldn't the additional $15 / day be paid pro-rata to the other 8 occupants and not be further revenue for the landlord?

    • +1

      Its a big house, why do EIGHT occupants set off alarms? Im sure that each person has their own bedroom?

      You definitely have a good point and if the tenants have to pay electricity/water bills then it is completely unfair. Just money in the pocket of the landlord.

      • Not many 8 bedroom houses in Aus. Sounds as though it's a dodgy landlord that has boarded up a few extra spaces in his house to make some more 'bedrooms', probably illegally. Sounds like the sort of place that rips off international students.

  • Does it have 8 bedrooms?

    • yeah

  • +1

    To be honest, if it's not in the contract or makes references to additional fees, the landlord has no legal leg to stand on.

    That being said, the landlord could also make her life difficult in many ways (or simply not renew her lease) so sometimes you need to decide whether it's more important to take a stand or just let it lie.

    • We are renting a fixed period (3 months) with no ideas for renewal so, I think we'll take it up on the landlord with this.

  • -4

    Don't stay overnight if you are not willing to pay the additional guest fee.

    • +2

      I simply don't like that he surprised us with a guest fee, and considering the tenants themselves pay for the utilities, the money should be given back to the tenants and not pocketed by the owner

  • I agree a bit unusual, but how do all the others really feel about having to share the house with another person that is not contributing anything at all. having to wait in line at the showers, taking up all the room in the fridge.
    Charging a minimal fee is only fair i think, otherwise everyone would have their partner stay for free all the time.
    Agencies can actually enforce only 3 people stay in a house with only 3 people on the lease for example. So no over nighters can stay.

  • +2

    Is she a tenant or a border?

    Tenants have different rights to borders.
    Is she on the lease?

    • +1

      This is what matters.

      If she's a tenant, the landlord can't impose bullshit fees like this. She rents the property, she gets to have whoever she wants over whenever she wants. The landlord can't do shit.

      If she's a boarder, then it's completely different. Essentially she's only boarding in a room, and has little rights. The landlord still runs the house in that situation.

  • +1

    If it isn't in the contract he doesn't have a leg to stand on but dont see this as something out of the ordinary. You book into a motel you are charged extra for a double or for an extra person. Standard practice on any booking site, if you are renting a house all occupants over 18 have to be on the lease as well. I think if you hadn't asked the landlord about staying there and have assumed that it is ok to do so off your own bat you have probably pissed him off, his castle not yours.
    Pay the money, it's cheap accommodation and next time don't just assume you have any rights in someone else's house.

  • AS is correct as per the lease agreement. The 4 corners of the contract clearly states the people that are allowed to reside in the premises.
    This does not allow for guests or relatives etc. }( unless it is written in the contract) it is up to the discretion of the landlord, most do not bother tenants but some do enforce this.
    The Lease is a legally binding document agrees to by both parties and can be enforced if required.
    If you are getting meals, or cleaning services etc, then you could be considered a boarder, which brings with it less rights.
    best to suck it up buddy, its only $70……
    One person paying for space does NOT automatically entitle you the privilege to stay, especially at the cost of others who are paying their way.
    My analogy is asking to sit on someones lap on a flight and expect a freebie flight, it just doesn't work that way… unless you own the plane that is !

  • +1

    I'm gonna register OzFreeloader™ if that's all right with everyone else.

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