question about unauthorized tenant : ezLandlordForms

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Heather B

started a topic over 14 years ago

I have reason to believe that my tenant's boyfriend is living in the property. The boyfriend did not sign the lease. I feel that having an unauthorized tenant in the property is a liability for me. Does anyone know what to do about this situation or how to approach it with the tenant? Please help.

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Donna

said over 14 years ago

Send a notice regarding an unauthorized tenant.

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Heather B

said over 14 years ago

Thank you for your response, Lisa. I have drafted a simple notice to send to my tenant.

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Donald G

said over 14 years ago

She could say its only a guest, you have to be careful and do not harass, a couple of things you can do to cure you itchy curisoity, 1. DO A INSPECTION , look for suspicious item such as mens clothes ,and added furnitureor anything suspicious 2 His car parked , how long 3. the clincher, His mail. You might have to be a investigator for a while. , if his coming there he is living there.

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Heather B

said over 14 years ago

Well, the thing that sparked my curiosity is that her voicemail on her house phone says both his and her name. To me, that is an indication that the guy is living there. The thing I was concerned about is if he does damage to the property. I checked my lease and I have a clause that says that the tenant can be held responsible for any damage done by her guests. So, I think I'm OK. By the way, I did do an inspection, but it wasn't a surprise to the tenant so she had plenty of time (about three weeks) to hide all the boyfriend's belongings.

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Donald G

said over 14 years ago

Heather, what you have to be careful of is this, if he stays there he becomes a tenant and you have to also evivt him personally as another person living there so you would have to evict 2 people.

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Heather B

said over 14 years ago

Oh, I see. Thanks for the information. I think I should probably still send my tenant a notice saying that I suspect an unauthorized occupant and give her the opportunity to correct the situation. And if I still detect that he is living there after I have given her notice, then I will pursue further action. Thanks again, Donald!

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Donald G

said over 14 years ago

Send them a letter but send it certified, what happends if the guy friend gets it and reads it and rips it up, I have been thru enough to know not to think like everything will turn out the way you thought, 2 Its always a good thing to give these tenants a chance to clean up there act

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Donald G

said over 14 years ago

INn the eyes of a judge you are the one who wants to look like a person who is the good guy always , and that is always be considerate and never let your temper get the best of you because they will use it against you in the forms of harassment. always give them a chance so they cannot say Iwas never told of this incident.

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Heather B

said over 14 years ago

I agree. Thanks again, Donald.

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Jason I

said over 14 years ago

What's the big deal about the boyfriend living there? Are you trying to collect extra rent for the extra person? Are you looking for a reason to terminate the lease? If yes, then pursue it. If not, then there is really no reason that I see to bother. The person that signed the lease is responsible for the property and its condition. It's not necessary for everyone living there to be a signatory, but if he is not on the lease, it makes it difficult for you to go after him, assuming there is a major problem and you can't find the girlfriend.

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Heather B

said over 14 years ago

My biggest concern is that the boyfriend is not on the lease. And the tenant and I specifically talked about the boyfriend NOT living there when the tenant moved in. She emphasized the fact that he had his own place. Maybe that should have been a red flag that she was so adamant about him having his own place. The boyfriend has a shady history. He's been in prison for meth use. So, I'm very concerned about him doing damage to the property. He already punched a hole in a closet door. I guess I can chalk my concerns up to being a new landlord and being concerned about my investment...

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Marcus M

said over 14 years ago

I have a question related to this thread; If the tenant is given notice of evicition for unauthorized tenant, and the people move out as asked, is there any recourse by the landloard to withhold any, or part, of the deposit for the breach of lease? Thank you.

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Donald G

said over 14 years ago

You are lucky it did not go to court and then you would have all kind of filing fees and missed work , count your blessings really

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Rock H

said about 14 years ago

My learned lesson was having one of three tenants on a lease. The poor guy who had the lease was responsible but, unfortunately, you can tell how this story goes. One of the other tenants did over $5k damage. Albeit, by accident, he refused to pay and it put us in a very difficult predicament. We could either A) force the signed tenant to pay damages, but then we'd lose him; or B) make it so the unsigned tenants had to leave and eat the cost. We chose B and have chalked it up to a learning experience. In addition to every adult being on the lease, they are contracted by the lease to have renter's insurance. This is easy to do when using the EZLandord Rental Form.