Advice on mom living with tenant and not on lease

Advice on mom living with tenant and not on lease

Investor · IN · Member since 2017 · 6 posts · 2 votes

Hey everyone. Need some advice. One of my properties a younger couple is renting. They unknown to me, seem to have his mother living there with them it seems. I have had this home for a few years and couple before them zero issues. Ever since they have moved in there has been issues. First the well water smells so I send multiple ppl out and all say it is ok but they still complain, then she claimed ants were invading ( I looked they were not) then the toilet wouldn't flush for two months they told my maintenance guy I said in front of them this is first I heard of it they didn't say anything, my plumber then told me there was nothing wrong with the toilet either. Now the mother tells me yesterday she's paying the rent and is unhappy with the home for these reasons and that it is a small 2 bedroom, I told her your not on the lease and have no legal standing to live here, all after another water guy was there and told her as I stood there nothing at all is wrong with the water. Now she's  having the son who is on the lease asking for a copy of the lease, which he already has. The mother seems to be a major problem. Not sure what to do if tell her out if she is indeed living there or what to do. They are 3 months into a 12 month lease, obviously want the lease fulfilled. Thanks for your help everyone!

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Real Estate Agent · 32656 · Member since 2022 · 5 posts · 4 votes
4y

Make sure you know your state laws. In Florida, any body over 18 has to be on the lease (in long-term rentals) if there living in the home. With that, you could take many different routes. but honestly I would find different tenants. it may be a pain, but you can find renters faster then a new home. Plus that's 9 more months of aggravation, and there is no telling what other issues will arise for them.

But hey, your call lol. GOOD LUCK!!

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  • Real Estate Agent · 32656 · Member since 2022 · 5 posts · 4 votes
    4y

    Make sure you know your state laws. In Florida, any body over 18 has to be on the lease (in long-term rentals) if there living in the home. With that, you could take many different routes. but honestly I would find different tenants. it may be a pain, but you can find renters faster then a new home. Plus that's 9 more months of aggravation, and there is no telling what other issues will arise for them.

    But hey, your call lol. GOOD LUCK!!

  • Investor · Van Isle · Member since 2021 · 455 posts · 226 votes
    4y

    one suggestion is to stay friendly with mom, but lay down the law with the legal tenants. 

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    4y

    Really, you want to keep them and have water and sewer types of complaints for 9 more months?  Cut your losses, tell them that since they are unhappy, they are free to break the lease without penalty and find another place to live.  And say that she needs to pay for a credit and background check and be added to the lease or she needs to move out if the tenants on the lease want to stay.  Give them 15 days or what ever your state allows to make a choice and di it.

  • Rental Property Investor · Pittsburgh, PA · Member since 2019 · 530 posts · 511 votes
    4y

    Have to go with @Lynnette E.

    > Don't deal with the mom, you have no legal arrangement with her
    > Refer to the lease for everything, if you find evidence of someone not on the lease living there, inform those on the lease they will need to be added
    > If they don't want to add her to the lease (this includes the fees that you would normally charge), give the option to sign a termination and move out at the end of the month
    > If they balk at not moving and not being added, simply inform them they are in violation of the lease and will be dealt with accordingly (evicted)

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    I agree with the others. Keeping them will only result in nine more months of complaints and problems. You've already spent too much time, energy, and money on them. 

    I would tell them the mother is not on the lease and they are facing termination/eviction. If they want to move out without penalty, then they can pack their bags and be out no later than the end of April. Otherwise, you will start termination/eviction for lease violations and multiple unfounded complaints.

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  • Interior Decorator · Ulster County, NY · Member since 2020 · 204 posts · 177 votes
    4y

    Definitely check the laws, but if the mother is living there and is not on the lease you may have legal grounds to evict them. I would avoid that if you can but definitely ask them in a polite way to leave. I would say something along the lines of "I understand that this home may not be a fit for you, so rather than you staying and fulfilling the lease and being unhappy, I'm happy to terminate the lease early so you can find another home that is a better fit for you." 

    Additionally, look into your local squatter laws. In some places, if mom is there too long, she then gains legal tenancy... 


    Long story short if they are unhappy, not only with they be difficult to deal with and live near, but they probably won't take care of your property as well as you would like. Plus, when they do bring legitimate concerns, you may not respond as quickly or take it as seriously because there have been so many illegitimate concerns. 

    I would give them an out to relocate and re-rent it out to someone else who will enjoy the place more and be less challenging to manage.

    Good luck. Don't be afraid to have it vacant for a month or two if need be. It will save you more money in the end (coming from someone who learned this the hard way). :)

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