tenant has live-in nanny, against lease

[satre51]

I rented to a tenant based on being told she worked all the time and would never be there, so the tenant in the other unit wouldn't be bothered.

Turns out she has a full time nanny there at the house so there are kids screaming constantly all day long, now the other tenant said he is considering moving due to that, after 5 years.

is there a way to get this tenant to move before lease is up, or forbid her from having the fulltime nanny there bothering everbody else?

 

[Taxing Matters]

I rented to a tenant based on being told she worked all the time and would never be there, so the tenant in the other unit wouldn't be bothered.

Turns out she has a full time nanny there at the house so there are kids screaming constantly all day long, now the other tenant said he is considering moving due to that, after 5 years.

is there a way to get this tenant to move before lease is up, or forbid her from having the fulltime nanny there bothering everbody else?

Exactly what does the lease say about this? And in what state is the rental unit located?

 

[STEPHAN]

What state?

 

[bcr229]

Is the nanny actually living in the unit or is the nanny providing day-time babysitting? Does your lease specify exactly who may live in the unit?

Also if the nanny does leave bear in mind the kids will still be making noise during the evenings and weekends.

 

[Zigner]

I rented to a tenant based on being told she worked all the time and would never be there ...

Who did you expect would be watching her kids "all the time"?

 

[not2cleverRed]

Posting hx.

Note: I suspect that there's nothing in the lease restricting the hours that the unit can occupied by the tenant(s).

 

[LdiJ]

Posting hx.

Note: I suspect that there's nothing in the lease restricting the hours that the unit can occupied by the tenant(s).

I also doubt that there is a clause saying no nannies in the unit.

 

[Just Blue]

Posting history indicates TN as the state.

 

[adjusterjack]

A landlord has to be careful not to discriminate against families with children.

 

[quincy]

... or forbid her from having the fulltime nanny there bothering everbody else?

I will hazard a guess to say that it is probably not the full time nanny who is “bothering everybody else.”

I will also hazard a guess to say that banning the nanny and leaving the children unsupervised will not reduce the noise generated by the children.

 

[Zigner]

I wonder if the OP even knew the kids would be moving in.

 

[quincy]

I wonder if the OP even knew the kids would be moving in.

I am not sure that matters, unless the number of kids exceeds maximum occupancy.

 

[Zigner]

I am not sure that matters, unless the number of kids exceeds maximum occupancy.

If the tenant signed a lease for one occupant and then moved in additional occupants (not just a daytime nanny) then that's a breach of the lease.

 

[quincy]

If the tenant signed a lease for one occupant and then moved in additional occupants (not just a daytime nanny) then that's a breach of the lease.

Not when children are involved. A landlord cannot prevent a tenant from having children - only the number of children should the number exceed the allowable number for the size of the rental (e.g., 2 people per bedroom).

 

[Taxing Matters]

If the tenant signed a lease for one occupant and then moved in additional occupants (not just a daytime nanny) then that's a breach of the lease.

However, such a lease provision may well violate the federal Fair Housing Act (FHA) and/or applicable state laws that prohibit discrimination based on family status. Occupancy standards must be reasonable and not discriminate against families with children. The FHA has set a rebuttable presumption that a limit of two persons per bedroom is reasonable. See the FHA Keating memo, which has been incorporated into the Federal Register as official FHA policy. Even a limit of two persons per bedroom may not be reasonable in some circumstances. For example, a federal court held that such a policy was unreasonable when the renters were a married couple with an infant renting a one bedroom apartment. If an occupancy limit in a lease violates federal or state fair housing laws that restriction is unenforceable.