Non Leased Tenants

[TN-Landlord]

It doesn't matter legally what his reasons are.

I didnt say it does, but the point is if he doesnt want her living with him, Im not sure I want her as a tenant. If we're speaking legalities he broke the terms of the lease. I could just tell him there are additional occupants not on the lease and I need background checks done on them and an additional $100 per month for each and if he is not ok with that then I will let him break the lease and move out without penalty.

 

[Gail in Georgia]

I am assuming the lease he signed specifically states who resides there, correct (i.e., him)? You can, as you stated above, let him know you have become aware of additional occupants residing there with, it appears, his approval. If you wish to continue receiving rent from this group the person whose name is on the lease can then provide the additional funds to run background checks on these folks and if approved by you, begin paying the higher rent for each.

If he balks, I would not simply let him break the lease as you have indicated these folks seem to have begun to damage your rental property. Who (besides you) would pay for this if you simply let him break the lease without penalty?

Gail

 

[TN-Landlord]

I am assuming the lease he signed specifically states who resides there, correct (i.e., him)? You can, as you stated above, let him know you have become aware of additional occupants residing there with, it appears, his approval. If you wish to continue receiving rent from this group the person whose name is on the lease can then provide the additional funds to run background checks on these folks and if approved by you, begin paying the higher rent for each.

If he balks, I would not simply let him break the lease as you have indicated these folks seem to have begun to damage your rental property. Who (besides you) would pay for this if you simply let him break the lease without penalty?

Gail

He still has a year left on his lease and yes he is the only one listed on the lease as an occupant and there the lease states any additional occupants could result in additional rent. He signed a two year lease. I am simply saying if he agrees to move out peacefully and not damage anything then I will let him out of his lease early. Obviously I will hold him responsible for any damages.

 

[bcr229]

He still has a year left on his lease and yes he is the only one listed on the lease as an occupant and there the lease states any additional occupants could result in additional rent.

"Could" or "Would" result in additional rent?

 

[TN-Landlord]

"Could" or "Would" result in additional rent?

It states Any change in occupancy will require written consent of the Landlord and may be subject to an adjustment in the amount of rent.

 

[adjusterjack]

You've gotten way off track here. It seems clear that there is non-compliance with your lease and you are legally entitled to terminate the tenancy if the non-compliance isn't cured.

Instead of spinning your wheels talking about motivations and tenants in general, answer this:

What do you want to do? Do you want them out or not?

If you want them out, give proper notice and evict.

If you don't want to do that, then get over the fact that the girlfriend is living there.

 

[TN-Landlord]

You've gotten way off track here. It seems clear that there is non-compliance with your lease and you are legally entitled to terminate the tenancy if the non-compliance isn't cured.

Instead of spinning your wheels talking about motivations and tenants in general, answer this:

What do you want to do? Do you want them out or not?

If you want them out, give proper notice and evict.

If you don't want to do that, then get over the fact that the girlfriend is living there.

Sorry if my post has gotten off the track you hoped it would take. I am asking questions to find answers. I want them out, but wondering if the process to get them out would be worth the headache. Are they actually considered tenants if the persons there are not on the lease. In other words do I have to give them 30 days to get out or can I have them leave in 7 days etc. I would like them out quickly as I am going to have to patch walls, paint, extensively clean, fix broken cabinets etc before re-marketing to try to get new tenants.

My thoughts now are that I will wait until the end of January and then call him and let him know he is in violation and serve an eviction letter. If they comply then the eviction wont go on his record and he can try to rent her a place somewhere else. Hopefully the eviction wont have to go to court and they will just get out and I can use the deposit to cover any repairs. If not then I guess I will have a fight on my hands, but the fact he owns a home should be enough of a deterrent to comply because if the damages come to more than the deposit will cover I can sue and if awarded a judgement I can file a lien on his mortgage.

I am just looking for advice from people who have been in a similar scenario that would help guide me from what they went through.

 

[Just Blue]

Sorry if my post has gotten off the track you hoped it would take. I am asking questions to find answers. I want them out, but wondering if the process to get them out would be worth the headache. Are they actually considered tenants if the persons there are not on the lease. In other words do I have to give them 30 days to get out or can I have them leave in 7 days etc. I would like them out quickly as I am going to have to patch walls, paint, extensively clean, fix broken cabinets etc before re-marketing to try to get new tenants.

My thoughts now are that I will wait until the end of January and then call him and let him know he is in violation and serve an eviction letter. If they comply then the eviction wont go on his record and he can try to rent her a place somewhere else. Hopefully the eviction wont have to go to court and they will just get out and I can use the deposit to cover any repairs. If not then I guess I will have a fight on my hands, but the fact he owns a home should be enough of a deterrent to comply because if the damages come to more than the deposit will cover I can sue and if awarded a judgement I can file a lien on his mortgage.

I am just looking for advice from people who have been in a similar scenario that would help guide me from what they went through.

Yes. They are tenants and you must follow the LL/Tenant laws for your state.

 

[PayrollHRGuy]

Are they actually considered tenants

Yes

 

[FarmerJ]

why would you call him? you wrote > My thoughts now are that I will wait until the end of January and then call him and let him know he is in violation and serve an eviction letter.< I suggest you not call him but move onto the letter you write about his violating the lease by allowing the others to be there and the damage , keep a copy and send it via certified mail or confirmed mail delivery , AS to > I am simply saying if he agrees to move out peacefully and not damage anything then I will let him out of his lease early. Obviously I will hold him responsible for any damages.< You already know what he thinks of you by not moving in but re housing the GF or EX gf and the others that he allowed to move in, AND not telling you and same about the damage being done to the place. I suggest you not try to raise the rent for the remaining months and focus on getting them all out and don't be shocked if you have a huge fight to get them out. DO make sure to follow your states laws regarding time frame to address the deposit and do it via certified mail or confirmed mail delivery

 

[LdiJ]

Sorry if my post has gotten off the track you hoped it would take. I am asking questions to find answers. I want them out, but wondering if the process to get them out would be worth the headache. Are they actually considered tenants if the persons there are not on the lease. In other words do I have to give them 30 days to get out or can I have them leave in 7 days etc. I would like them out quickly as I am going to have to patch walls, paint, extensively clean, fix broken cabinets etc before re-marketing to try to get new tenants.

Your original post stated scuffed walls and one broken cabinet. Painting between tenants is something that a landlord has to do most of the time. That is generally not considered to be "damage". I am still wondering a bit if you are overreacting. You have a tenant who faithfully pays the rent. The only real damage you have described is one broken cabinet. If you stay in the landlord business you are going to discover that things can get a lot worse than this tenant.

 

[STEPHAN]

Just make sure you add everybody to the lease. It is what it is now.

Keep in mind that he now guarantees the rent, too.