Homeowner · modesto, CA · Member since 2008 · 32 posts · 1 vote
hello ,I'm new at this, I have two tenants that rent a house from me together, each one moved in a friend. I found out all are splitting the rent 1/4 each. so far no problems . I was wondering if I should increase the rent ,or the deposit amount to cover additional wear and tear? I have a month to month agreement and in that agreement "only two people to occupy" I've got the renters application for the two new people to fill out .
Wear and tear aside, they are in violation of the lease terms.
If you don't mind 4 people living there, then tell them you need to update the lease and collect more money, deposits and personal information. Tell them the fire department also needs to know how many and who is living in the building.
If you let this slide, they will push and push and eventually walk all over you.
In some areas zoning codes restrict the number of unrelated persons in one house.
Do you pay utilities? Four people will use more, especially water, than two.
Since you're month to month, I'd just get applications and add them to the least. Maybe more security deposit or more rent if you think that's justified. Be sure they're all aware nobody gets any security deposit back until everyone on the lease is out. Until then, security deposits are their problem to sort out.
I agree with Homer. You need to go back and redo the lease and put all four individuals on the lease. This holds all four of them responsible.
Also you need to take pictures of the home when they moved in so that if you have to take them to court you will have evidience of how the property looked.
Also I would recommend a forum that we call move in and move. They have to sign off on this stating that the property is in pretty good shape or excellent shape. If there is a problem we get our repairman in there and fix it and then we have them signed that the work has been completed. They get a copy and you keep a copy. Always have a paper trail.
Make sure to that they are not slipping pets in on you.
yea get all the info on the other guys, IF POSSIBLE, i'd increase the rent, but if ur in a area where ur kinda capped right now, leave it. If they are taking care of it thats all that really matters, and with 4 people, they should make the rent.
I had this happen once to me, and they liked to party.. They took nice care of the house though but they ended up not being able to pay... they moved right out when I told them to though! :)
thanks to all of you for for all of your advice. I will get them all under contract a.s.a.p. with a new month to month , raise the deposit . rent is about capped . Thanks!
Good thinking. I wrote a couple blog posts on this a ways back. The danger is that if you have all the roomies on the lease - and one of them moves out - where are the others? Are they all separately responsible for the rent? Is their lease still valid?
good point Brendan, on a new lease are each held only 1/4 responsible for the rent? and if one moves, will the other three claim they only owe there 1/4/? if i need to evict one, do i lose that 1/4 rent? should i have a rental agreement with each as individuals or as a whole inclusive? or have the two original tenants still responsible for the whole ?
The new lease should cover all four. It will replace the old one. It will hold all four "joint and severaly (spelling?)" liable. That means you can go after any of them for all amounts due. Accept only one rent payment for the entire amount each month.
We have in our lease that all adults over 18 need to be added to the lease, or they are considered unauthorized tenants, which is a lease violation in our lease. All tenants in our lease are equally responsible for the rent as a whole. So, if one does not pay, they are all responsible. Also, you received good advice above especially with respect to what utilities. Do you pay any utilities? Surely with more people in a unit/house there will be an increase in some of the utilities, namely water. You might want to check to see if your State has a Multi Housing trade association. Even if you are not a member you can usually buy a lease from most trade organization. If you buy one from your State, chances are the lease is catered to the specifics in your State. The cost is likely low. I'm fairly certain there is an organization named California Apt Assoc. They may have leases for you to view and purchase. Good luck!!
I also use the following two clauses in all my leases.
OCCUPANTS. No more than ___ person(s) may reside in the Premises unless the prior written consent of the Landlord is obtained.
GUESTS. Tenant agrees to be fully responsible for the actions and behaviors of all their guests, family, visitor, employee, and/or agent. Landlord strictly prohibits subleasing or unauthorized long-term guests. Landlord MUST approve all long-term guests in writing. No guest may stay no more than a total of three nights (consecutively or combined) within a rental period without written authorization. EXCEPTIONS: Does not apply to minor child visitations.