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Tenants brought in 'mom' months ago . .
D
D &
started a topic
over 12 years ago
not sure what to do at this pt . . ' tenant moved her 'mom' from another state . . in Dec...we found out AFTER she moved her in . . not happy ...let it go cause it was 'temporary' . . well she's still there . . we've mentioned several times about her moving . . the wife keeps saying she's trying to find a place ....we started chging elderly' mom' a low fee 2 mos ago...tenant yelled but ok pd it . . . . by June we would like her out ....can we up the lady's rent? ( the mom) ...these are GOOD tenants and pay everything on time. . except didn't tell us MOM WAS MOVING IN . . . hate to see them go . . and don't want to evict them . but will if we absolutely have to . . . will talk to them again.... . was told we could have elderly 'mom' sign an addendum to lease ---since we have NO idea when she will move!!! already taking adv of us..we're not thrilled w/this situation. -- suggestions ? besides throwing them all out .
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J
Juan R
said
over 12 years ago
I have a similar situation with my rental in Las Vegas, NV- but the difference with mine being there are 3 ladies-3 generations- daughter-52 yrs. old, mom-75 yrs.old and the grandma 86 yrs. old that they moved out from Indiana. My house has 3 bedrooms, 2 baths, 2-car garage. They have a 9#, 11 yr.old female Maltese (which I charged a pet fee of $250 for a 2-year period). My tenants pay all utilities; I pay the monthly HOA fees of $60. I have just renewed their initial lease of 1 year to a month-by-month because the daughter is looking to find a house to buy. They pay the rent on time in a direct-deposit bank account. I am renting this 5-year old SFR house below market rent at $900 in a senior retirement community Sun City Anthem built by Del Webb. It's beautiful there! What costs have you incurred from having the "elderly mom" move in-is it extra costs of utilities or something else? Did you have it specified in your lease with them, by names exactly who was going to inhabit your rental? Did you specify in the lease that it would be a "breach of the lease" to live in your rental without the written approval to and from you, the landlord? My oldest tenant has been in & out of the hospital and nursing homes; I gave my approval to the daughter that she could care for her grandma with a hospital bed, wheel chair as needed. I know that the carpets may have wear & tear due to the dog & the wheelchair. I decided that I would prefer to have my current tenants who sold their home in Vegas( with POSITIVE Equity in the bank) at a lower market rent rather than have the house sit there empty while I have to pay all mortgage costs. If you could come to a $$dollar sum of how much extra it costs you for the grandma, and come to a money agreement with your tenants staying in your rental...... it would probably cost you less in the long-term , instead of having a empty house with no rent. I find few landlords who have no or little repairs after tenants move out. Make an appointment with 24-hour notice to go and inspect your property yourself- that will probably help you make the right decision.
B
Bob R
said
over 12 years ago
The question you should ask is "would I have rented the property at the same rate if Mom was going to be on the lease from the beginning?" If yes, keep the rent the same and just add her to the lease. You can always raise the rent at the end of the lease term. Assuming the above is true, explain to them that you were taken by surprise of the Mom living there now. However, it's OK for her to stay there but she has to be on the lease. Also, explain to them the importance of communications. Good Luck.
D
D &
said
over 12 years ago
Thanks everyone for replying . . . Chery and Juan . . yes, we DID have a clause stating only 3 persons were to live in the home . . 2 adults and 1 child under 18 . . it was specifically stated and they initialied and signed the lease . . so . . i don't think they pay much attention to the lease . I know we could have evicted them in Jan. after we found out ( thru neighbors altho she didn't mention it until FEB in an email to us ...w/an apology) ....... after we called and asked if they moved her mom in!!! we were stunned. .....she's in her late 70's we so we let her stay. It was the idea they did this behind our backs. The lady said she would find a place for her . . 'right after the winter is over' . . when she emailed in Feb. . . well we're still waiting . . . . She moved her from FL where she was doing fine . . . . so she's lived in our home for almost 5 months already. . . 3 months for free before we started charging her. . She can't do steps so is living in the LIVING ROOM and sleeping on the couch . we think . . . and the husb sleeps on the 1st floor . . and the other small bedroom on the same floor, they were using as an office. . . . . my husb said it's extremely crowded . and her extra furniture is stashed all over the dining room . . . . . we aren't happy. ---- These tenants have been there 2 years, we've never increased their rent even tho we have absorbed prop tax increases as well as ins and security alarm increases. So we told them she'd have to pay a small amt . . her husb had NO problems w/it and talked his wife into 'ok ' ing' the rent for her mom . . it was just the idea of blatently violated the lease without telling us . . . . . . . . we had plans to re do the 2nd floor bathroom but can't do anythnig til the lady moves out . . . there's too many ppl and 2 dogs . . . . . . .....Bob. . . no . . we wouldn't have rented to them in the 1st place had her mom been moving in . . she can't do steps and we only have 1 bedroom on the 1st floor ( so guess where she's sleeping . . . . the couch ....) .... . we plan on typing up a new lease . . as they have no plans to move . . and we will add her Mom onto the lease ....... prob a addendum ..... . . . . she won't want her mom to sign it . . i'm pretty sure . . . . so we'll see what will happen. We had told them that when the mom moves out . . . ( they made it sound like it would be a month or 2 after we started chg her ) . . . the rent will go back to what it was originally . . . . . . it was a verbal agreement . . we had no addendums signed so they are paying us extra money for the 'mom'. . . . we felt it was only right as they did NOT ask us ahead of time . . . but now . . we feel it's time for another lease . . . . . they were on month to month . . . . . and we DON'T want ppl sleepin in our living room . . . . . . . . . so i guess i'll have to make an addendum to attach to their lease now. spelling that out . and maybe put the 'mom' on the addendum . . ( right??) . . . . as the lease will be for a year and i DOUBT they'll want her to sign a lease w/us for a year. . . . . that's another thing . . . the lady is basically telling us she doesn't CARE that we want her to find an apt. for her mom . . she's not going to 'put her in anything ' . . so this may be a long haul. WE may end up evicting them if they don't cooperate with us . We found apts. for our elderly mom's on S sec w/no problem . . . . low income ..there's a lot around - she's making excuses or the mom is toooooo picky, we don't know which . . . . . . so will talk to them. - again. . . . . . . we can't let it go on for years as we really didn't want tenants to be sleeping on the couch ....... would you?? --- . thanks for the input. , i appreciate it . . . . . . . any suggestions on how to word the addendum would be appreciated . Our patience with them is wearing thin . .
B
Bob R
said
over 12 years ago
Whew, where does one start. Note, I'm not a lawyer and these are my personal opinions. You do what you think best and legal. 1st, let's talk about Mom. She's 70 yrs. At that age, she probably needs a lot of care. It really doesn't matter where she sleeps, as long as it's not on your couch and she's not causing damages or doing anything illegal. I agree that it may be a little crowded, but it appears the Mom needs help. The question to ask your self is "what would we do if it was our Mother during these hard times and at that age?" As long as they are not causing any damage or doing anything illegal, you might want to go easy on them as long as it's not costing you for such things as utilities, etc. Keep in mind that you're the landlord and really have no right to find a place for her Mother w/o their asking for help. How would you feel? As for the lease, I would not renew it. I would just create an Addendum to include the Mother stating that she would be equally responsible for the rent, etc. and that her stay expires the same as the lease. You could state a rent increase and additional security deposit (provided you haven't reached the max allowed). You may also want to run a Credit Report on Mom. If Tenants refuse to have Mom added to the Lease via Addendum AND refuses a Credit Check (they pay for the cost, including your time), I would send them proper Notice (per State law) to correct the violation(s) and start the eviction process. I believe that if you talk with them, there's a good change they will co-operate. Mothers' are important. Without them we woulnd be here...LOL Good Luck and keep me posted. Maybe someone else here has suggestions.
D
D &
said
over 12 years ago
Thanks again Bob. . . . you're probably right . . we won't renew the lease . . and just leave it month to month as it is now . and talk to them ea month about them getting her a place . . . . .because we know if we try to have the mother sign it . . the tenant ( daughter ) will argue with us . She did ask us in Feb if we knew of any apts. . . my husb gave her the names and tel #'s of 2 .. and i sent an email with about 6 more . . 2 our mom's were in and LOVED them . . . . we think she ignored us. they were ground floor apts . . just like she wants . . . Her husb even told us, if we knew of any, to let her know . . he has nothing to do with his m in law . . other than being civil so he leaves things up to his wife. . . . so they did ask us for information about apts. little good it did. . . . also the 'mom' isn't as bad off as it sounds . . the tenant bragged on facebook about how 'independent' her mom is and that the lady packed up her stuff and drove all the way from Fl herself. . in a U Haul It truck and was going to 'move to Ohio' . . of course she never sd on fbook where in OH she was moving ( i told my husb watch . . she's moving her into the house . . he said NO they can't do that. . it's in the lease . . . guess again) . . . . and then just 2 mos ago . . . she posted her mother 'can't drive' and wanted ppl to volunteer to take her mom to the Dr's since she's busy being Pres of her sons' PTA and has school meetings and functions to attend and can't take her mom herself . . . . . . . . huh??? . . . . no one volunteered . . i think they figured, like me, she's been lying . . . . we 've caught her in several lies . If it's not one excuse , it's another . We just don't want to be taken advantaged of any longer . . . . so i guess we'll keep mentioning we'd like her to get her own place . . . . and eventually we'll start eviction proceedings if they keep ignoring us. We're hoping the husband will put the pressure on his wife to find her a place . . . . he keeps saying he wants her out asap . . but his wife ignores him. . . we don't see anything happening which is why we're frustrated. thanks for all your suggestions .
B
Bob R
said
over 12 years ago
Well, that sure changes things. Check with the Housing Authority (Section 8) and find out their guideline for sqft per person allowed and compare that to your rental. Next, send them a Notice (check to see how it should be done) that they are in violation of the lease (provided lease states # of persons & days visitors can stay) and violaytion must be corrected (within # of Days) according to State/Local Agencies. I'm sure you can find the Notice on this website. If they don't correct the violation, start eviction process. The longer you wait, there's a good chance you'll have more problems. If it was me, I would stop helping them and cease idol communication. Your job is to preserve your investment and collect proper rent. Welcome to Landlording :-)
D
D &
said
over 12 years ago
Thank you!!!!!!!!! yes, that's why we're tired of being 'nice'..... will check the agencies you suggested ...i already have a copy of our lease printed out and HIGHLIGHTED in yellow , the sections they've already violated . planning to show them............ we've basically stopped all communication with them ...other than going to get the rent check . . and asking them when they're finding an apt. for the lady . . . ......... we took our last tenant to court ( she lived there 3 yrs) . her 1 child liked to destroy things . . holes in walls, ripped up wallpaper, ripped blinds, etc. etc . we evicted her , , and . we easily won in court and she's having her wages garnished already to pay for the damages . . . . . . . . sooo we have no problem putting our foot down again . . . been patient with these people for 4 mos .so . it's time to rise up . LOL . a BIG Thank You . for the information you 've given us , and what we need going forward . I'm glad i found this website!!!!
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