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Non Leased Tenants

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Question: Im in TN and I have a tenant that rented the apartment and never moved in. His girlfriend and her kids moved in along with a friend of the girlfriend so neither of the people living there had background checks done or are on the lease. Hey pays every month, but I feel as though I should evict for violation of the lease. Do I have to evict or just get a trespass order since the people living there aren't on the lease?
 


Just Blue

Senior Member
Question: Im in TN and I have a tenant that rented the apartment and never moved in. His girlfriend and her kids moved in along with a friend of the girlfriend so neither of the people living there had background checks done or are on the lease. Hey pays every month, but I feel as though I should evict for violation of the lease. Do I have to evict or just get a trespass order since the people living there aren't on the lease?
How long have the GF & family been there? Are they causing any trouble?
 
They have been there for a year. No trouble other than the place is not being taken care of very well. Mostly cosmetic, scuffed walls, junk everywhere, closets so full they cant be opened. They also broke a cabinet. The place was new construction when they moved in.
 

Just Blue

Senior Member
They have been there for a year. No trouble other than the place is not being taken care of very well. Mostly cosmetic, scuffed walls, junk everywhere, closets so full they cant be opened. They also broke a cabinet. The place was new construction when they moved in.
Then they are not trespassers, they are TENANTS. After the Holidays (If you want to be a human and not send a woman with kids an eviction notice for Christmas) send a 30 days ( or whatever the requirement is by statute) notice that you are ending the tenancy. This should be sent to all adults & the guy paying the rent.

https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-tennessee.html
 
Then they are not trespassers, they are TENANTS. After the Holidays (If you want to be a human and not send a woman with kids an eviction notice for Christmas) send a 30 days ( or whatever the requirement is by statute) notice that you are ending the tenancy. This should be sent to all adults & the guy paying the rent.

https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-tennessee.html
Thanks for the link. I would not feel bad about evicting them since she and her kids could move in with her boyfriend in his nice 4 bedroom house until she could find other housing. Clearly she cant qualify to rent on her own since he did this on her behalf.
 

adjusterjack

Senior Member
You're as much to blame as they are, for letting this go on for a year and continuing to collect rent. If you have a security deposit you can apply it to the damage when they move out.

You have a written lease with the boyfriend so you are stuck until the lease expires unless you want to invoke mid term cancellation due to the condition of the property. I would caution against that as it gets a bit sticky.

Best bet is to notify the tenants (boyfriend and occupants) in writing that you are not renewing and they need to be out by the expiration date of the lease.

If they aren't out by the deadline see 66-28-512(c):

https://law.justia.com/codes/tennessee/2017/title-66/chapter-28/part-5/section-66-28-512/
 
You're as much to blame as they are, for letting this go on for a year and continuing to collect rent. If you have a security deposit you can apply it to the damage when they move out.

You have a written lease with the boyfriend so you are stuck until the lease expires unless you want to invoke mid term cancellation due to the condition of the property. I would caution against that as it gets a bit sticky.

Best bet is to notify the tenants (boyfriend and occupants) in writing that you are not renewing and they need to be out by the expiration date of the lease.

If they aren't out by the deadline see 66-28-512(c):

https://law.justia.com/codes/tennessee/2017/title-66/chapter-28/part-5/section-66-28-512/
To say I was just as much to blame is not accurate. I had no idea this was the case. I didnt know until I went inside the property to address the repair. Once I noticed his "girlfriend" was the one to meet me there and all belongings were noticeably female, I started doing research on him and found he actually owns a home nearby and the home was refinanced this year and all pictures from his social media are from that home. I dont believe he ever moved in. I believe she would not qualify on her own so he put it all in his name. I dont want tenants with no background check done and they are not taking care of the place on top of that. Not to mention we did him a favor and actually rented below market value since he seemed like a great tenant. I'm not sure why he would do this also, don't see how it benefits him. If she is still his girlfriend I don't know why she doesnt live with him.
 

Stephen1

Member
I can appreciate how annoying it would be to discover this situation. But let's step back and think of this from the business (LLing) viewpoint. We screen tenants so we can learn whether there is sufficient income to pay, whether they do pay (credit report & records of evictions and monies owed other LLs), and finally so we can guess whether they will take reasonable care of the property. You have determined that the person responsible for paying the rent has sufficient income and he has proven that he will pay the rent because he has been for a year. And as for how the property will be taken care of, you have irrefutable proof on this - you can see how it is taken care of.
Why rock the boat? As the name of the lease the boy friend is responsible for paying the rent. I'd leave them to it. Maybe at the end of the lease you could bump the rent up some (as you said you rented it a bit low).
 
And yet, despite having his own home, he chose to rent an apartment for her rather than ask her to live with him.
Yep, that is what makes me think they may not be together anymore. Im wondering if they broke up and she couldnt qualify on her own so he said I will rent in my name if you just get out.
 

xylene

Senior Member
They have been there for a year. No trouble other than the place is not being taken care of very well. Mostly cosmetic, scuffed walls, junk everywhere, closets so full they cant be opened. They also broke a cabinet. The place was new construction when they moved in.
So your tenant is like 89% of tenants. (0.1% are "OK", and like 9.9% are outright thieves, if you believe landlords.)
 
So your tenant is like 89% of tenants. (0.1% are "OK", and like 9.9% are outright thieves, if you believe landlords.)
I would disagree with that statement. I have other properties and the tenants are wonderful. They didnt lie on their application and take good care of the property and pay on time. I would not say that 89% of tenants never move into the place and have others take it over. Also you are missing 1% in your equation. My concern is more from a standpoint that the people living there are not on the lease meaning they are not bound by the terms of the lease. I cannot hold them accountable as I dont have an agreement with them.
 

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