General Landlording & Rental Properties

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Amanda Thompson
  • Property Manager
  • Boise, ID
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Sneaking in new roommates before the lease starts

Amanda Thompson
  • Property Manager
  • Boise, ID
Posted Jul 19 2022, 11:58

Hi all! I have a bit of a situation, which I will try to keep concise.

- 4 roommates on lease until Aug.29

- 2 of them have already moved out

- 2 NEW roommates signed a NEW lease with the remaining 2 from the original lease.

- NEW lease begins Aug. 30

The 2 roommates leaving have told me that the 2 remaining roommates plan to sneak in the 2 NEW roommates at the end of July. They are using the clause in the lease that says a guest can not stay more than 14 consecutive days. So technically they can stay 14 days, leave one night, and come back for 14 days? I do not like this clause and will be removing it from future leases, but it came standard in the sample Rules & Regulations.

How do I prove that new roommates moved in early?? Can they get away with the 14-day rule? Do I need to call a lawyer? Also, if I do prove it and evict them, then what happens to the new signed lease beginning Aug.30th?? Do I just let it go? They've always paid on time and I've really never had issues.

Boise, Idaho

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Tim Herman
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Tim Herman
Replied Jul 19 2022, 14:25

@Amanda Thompson are the current tenants paying the rent to lease end or are you renting by the room? If they are jointly and severally liable then I don't see the problem with the tenants in the new lease moving in early. The rents will be paid until the new lease starts. You must have vetted them and deemed them rent worthy. Are you going to go over every day and check to see if they stay overnight for the 14 consecutive days. On the 15th day you would have to do a notice to cure before the start of eviction. You will have to evict everyone for lease violations. I don't know how long an eviction takes in ID. Weigh the costs of evictions vs paying tenants that don't cause problems. 

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Nathan G.
  • Real Estate Broker
  • Cody, WY
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Nathan G.
  • Real Estate Broker
  • Cody, WY
ModeratorReplied Jul 19 2022, 16:15

I do not allow tenants to add/remove roommates without them going through my screening, getting approved, and signing the lease. If they're violating your lease or playing games iwth it, just terminate their lease and move on.

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Amanda Thompson
  • Property Manager
  • Boise, ID
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Amanda Thompson
  • Property Manager
  • Boise, ID
Replied Jul 19 2022, 16:25
Very good points! They are renting the whole 3-bedroom unit.

Quote from @Tim Herman:

@Amanda Thompson are the current tenants paying the rent to lease end or are you renting by the room? If they are jointly and severally liable then I don't see the problem with the tenants in the new lease moving in early. The rents will be paid until the new lease starts. You must have vetted them and deemed them rent worthy. Are you going to go over every day and check to see if they stay overnight for the 14 consecutive days. On the 15th day you would have to do a notice to cure before the start of eviction. You will have to evict everyone for lease violations. I don't know how long an eviction takes in ID. Weigh the costs of evictions vs paying tenants that don't cause problems. 


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Amanda Thompson
  • Property Manager
  • Boise, ID
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Amanda Thompson
  • Property Manager
  • Boise, ID
Replied Jul 19 2022, 16:27
Quote from @Nathan G.:

I do not allow tenants to add/remove roommates without them going through my screening, getting approved, and signing the lease. If they're violating your lease or playing games iwth it, just terminate their lease and move on.


 I agree! The thing is, the people moving in early ARE on the new lease beginning at the end of August. They applied, were background/credit/criminal checked, and passed my requirements. They signed a 12 month lease. BUT it doesn't start until AFTER this current lease is over. They're basically taking advantage of the fact these other 2 roomies moved out early, and the moved-out roomies are concerned because they are still liable until Aug. 29.

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Colleen F.
  • Investor
  • Narragansett, RI
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Colleen F.
  • Investor
  • Narragansett, RI
Replied Jul 19 2022, 16:54

@Amanda Thompson  Liable for what?  damages?   Do an inspection since they have moved out and go from there.   Another option is you can issue the new roommates keys on the 30th and the staying roommates keys now.  That would mean you change locks now. Of course they could copy the keys and give them to the new roommates but it is more difficult on them.  Really  the rent is between the 6 of them.

And that visitor clause usually means 14 days in any month, not come for 14 days leave for 1 and come back.  

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Replied Jul 19 2022, 17:22

Honestly tell them if they want the new least to start Aug 1 instead of Sept 1, that you are fine with that.  Otherwise, the others can not move in until Sept 1 as the two who are leaving are paying for their rooms until the end of Aug.

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Guy Yoes
  • Rental Property Investor
  • Springfield, Mo
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Guy Yoes
  • Rental Property Investor
  • Springfield, Mo
Replied Jul 20 2022, 13:17

My lease allow for "guests" to stay no more than 3 nights at a time and no more than a total of 6 nights.

I recently rented to a young couple with 2 kids. A week later the tenant in the other side of the duplex called and said that the people next door had parked in her drive for 6 days straight. I called the new tenant and learned she had moved her mother and her boyfriend into the house two days after I rented it to them.

I called the new tenant and went back over the lease with her. I explained the violation and consequences. The mother and boyfriend were gone the next day.