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My significant other and I have rented a 2 bedroom apartment in West Philly for 4 years. It has a living room, bathroom and kitchen with a dining area. When we took on the lease the ad was listed as a 2 bedroom and the previous owners treated it as a two bedroom (lease stated only 2 occupants in apartment also). The building was recently sold and we saw an ad for a vacant apartment in the building which is similar to ours and the new owners have increased the rent dramatically (approximately 20%) and are calling it a 3 bedroom - clearly now classing the living room as a bedroom. We were advised when the building was sold that the current leases would be honored but I have a sneaking suspicion that the new owners are going to drastically increase our rent at renewal time at the end of this lease by reclassifying our apartment as a 3 bedroom. Basically my question is can they legally do this?
They can charge whatever they want. However, renters can call them out on their BS about it being a 3br.
Depending on the state, they may be wrong about it being advertised as a 3br.
Technically a bedroom is supposed to have a window, closet, and a door. It cannot be pass through (meaning you shouldn't pass through the room to get to the kitchen or living room).
The living rooms do have a window, closet and a door and the only thing that you would need to walk through the living room is to access a balcony (doubt that counts towards not making it be classed as a bedroom).
They can charge whatever they want. However, renters can call them out on their BS about it being a 3br.
Depending on the state, they may be wrong about it being advertised as a 3br.
Technically a bedroom is supposed to have a window, closet, and a door. It cannot be pass through (meaning you shouldn't pass through the room to get to the kitchen or living room).
WOW that means 1/2 the apts we rented when I was a Teen didn't have bedrooms!
OP check your local laws. See the Sticky at the top for links...
My significant other and I have rented a 2 bedroom apartment in West Philly for 4 years. It has a living room, bathroom and kitchen with a dining area. When we took on the lease the ad was listed as a 2 bedroom and the previous owners treated it as a two bedroom (lease stated only 2 occupants in apartment also). The building was recently sold and we saw an ad for a vacant apartment in the building which is similar to ours and the new owners have increased the rent dramatically (approximately 20%) and are calling it a 3 bedroom - clearly now classing the living room as a bedroom. We were advised when the building was sold that the current leases would be honored but I have a sneaking suspicion that the new owners are going to drastically increase our rent at renewal time at the end of this lease by reclassifying our apartment as a 3 bedroom. Basically my question is can they legally do this?
Unless your apartment is rent-controlled or your lease has a clause about increase limits, it is legal for them to ask whatever they want in rent, when it comes time for the lease renewal. It doesn't matter if they call it a 2 bedroom, 3 bedroom or a studio.
When your lease is up the new or current owners can double your rent if they want. As far as 3 bedrooms maybe they plan to close off part of the living room to make a 3rd bedroom. It doesn't really matter in your case because your apartment should not change and they don't have to call it a 3 bedroom to raise the rates. Unless it's rent controlled like the other person said.
Basically my question is can they legally do this?
Yes, but unless there is a really tight supply of apartments on the market, people won't pay 3 bedroom rent for a 2 bedroom apartment, even if they can put a bed in there and call it a bedroom. I can call a 2 bedroom a penthouse, but saying it doesn't make it so.
Thanks for all of the responses. No I haven't been in the other apartment, only saw photos. If a balcony is listed as a feature (not listed as a private balcony for one of the bedrooms) and the balcony is accessed via what is the living room (new classification as 3rd bedroom) - is this still legally a bedroom, or is through access only relevant when it is an essential amenity / room such as kitchen or bathroom? (I realize i am stretching it here)
You are grasping at straws here. Technically it cannot be a bedroom unless it has outdoor access, window or patio door, and is not needed to access another bedroom. Everything else is fair game. I could slap a wall on a livingroom and call it a bedroom as long as the other bedrooms don't have sole access, if a room has 2 entry points with 1 in a hall and 1 in the bedroom next door they are both bedrooms, through that new bedroom.
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