Tenants boyfriend over every day, laws on this?

Member since 2022 · 32 posts · 12 votes

A tenant has her boyfriend over everyday, most likely staying the night. The car is always there.

It's been there every day for 2 months since she moved in. He technically has is own dorm room at the university.

Our lease says no one else can live there but it doesn't say how long guests can stay. I'm wondering what laws there are in Ohio and what can be done.

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Scott E.

Contractor · Scottsdale, AZ · Member since 2010 · 2k+ posts · 3k+ votes

I don't have an answer for you regarding your landlord rights. But just genuinely curious, why do you care?

I suppose there will be slightly more wear and tear on the systems (sewer, plumbing). And slightly more water usage which is annoying if you're paying for water. But other than that, what's the big deal?

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Scott E.
Contractor · Scottsdale, AZ · Member since 2010 · 2k+ posts · 3k+ votes
3y
I don't have an answer for you regarding your landlord rights. But just genuinely curious, why do you care?
I suppose there will be slightly more wear and tear on the systems (sewer, plumbing). And slightly more water usage which is annoying if you're paying for water. But other than that, what's the big deal?
4 Reply
Nicole Heasley Beitenman
Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
3y
What does your lease say? Ours states if a guest resides on the property 14 or more days, consecutive or non, they're considered a tenant and have to be added to the lease.
3 Reply
Ian Loonce
OP
Member since 2022 · 32 posts · 12 votes
3y
Quote from @Scott E.:

I don't have an answer for you regarding your landlord rights. But just genuinely curious, why do you care?
I suppose there will be slightly more wear and tear on the systems (sewer, plumbing). And slightly more water usage which is annoying if you're paying for water. But other than that, what's the big deal?

They are problem tenants. The boyfriend got aggressive with me once (raised his voice, said I was about to make him mad). I checked his facebook and it looks like gang signs and gang activity. I saw what looked like possible distribution on the property by him and his friends. They complain non stop.
1 Reply
Ian Loonce
OP
Member since 2022 · 32 posts · 12 votes
3y
Quote from @Nicole Heasley Beitenman:

What does your lease say? Ours states if a guest resides on the property 14 or more days, consecutive or non, they're considered a tenant and have to be added to the lease.

Doesn't have an amount of days, just says only lessee is allowed to live there.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Ian Loonce:

If your lease doesn't define it, then there's really no limit to the number of days. However, the law would likely consider them a Tenant after 30 days of occupancy.
They are problematic, so there's no point in arguing over it. Give her a 30-day notice of termination due to complaints, unapproved occupant, and other issues. See if she'll willingly leave. If she doesn't, then you'll need to start issuing written lease violation notices and working towards eviction.

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Tom Fidrych
Member since 2020 · 241 posts · 179 votes
3y
Quote from @Ian Loonce:

Quote from @Scott E.:

I don't have an answer for you regarding your landlord rights. But just genuinely curious, why do you care?
I suppose there will be slightly more wear and tear on the systems (sewer, plumbing). And slightly more water usage which is annoying if you're paying for water. But other than that, what's the big deal?

They are problem tenants. The boyfriend got aggressive with me once (raised his voice, said I was about to make him mad). I checked his facebook and it looks like gang signs and gang activity. I saw what looked like possible distribution on the property by him and his friends. They complain non stop.

Hmmm....A drug dealing gang member with his own dorm room at the university? Doesn't fit in the box that I'm used to.
That being said, it's very common for a girlfriend to rent a place and sneak in a deadbeat boyfriend that would never qualify for the rental.
In some states, if you know someone has been staying there for a period of time, they have rights as though they were approved.
You best put an end to this. Either call her on violation of lease(if she is violating it), or he submits an application that you thoroughly vet-credit, criminal checks.
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Malkia Ra
Rental Property Investor · Prince George's County, MD · Member since 2022 · 177 posts · 187 votes
3y
Quote from @Nicole Heasley Beitenman:

What does your lease say? Ours states if a guest resides on the property 14 or more days, consecutive or non, they're considered a tenant and have to be added to the lease.

Yup. I ran into this issue with a previous tenant which prompted me to revise my lease language regarding length of stay for guests.
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Mary Smith
Rental Property Investor · Member since 2021 · 384 posts · 197 votes
3y
I honestly don't see the issue in this particular scenario. It's quite common for tenants to have their boyfriends/girlfriends over everyday. If this is causing an issue for you, then you can give your tenant a notice for the same.
0 Reply
Kevin Liu
Property Manager · Nationwide · Member since 2022 · 67 posts · 21 votes
3y
If the boyfriend is leaving everyday and coming back, there isn't much you can do about that. However if they are staying the night and spending consecutive days not leaving, you should issues a 30 day notice to get them out.
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John MorganPro Member
Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
3y
They all sneak extra people and pets in. I just look the other way as long as they pay on time. Lol
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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
3y
Seems rather like a can of worms to me (He technically has is own dorm room at the university.).

If it were mine (and he's just visiting day or night) I'd not notice it (this is 2022 and not 1950 like Mr Furly in 3's Company).

If you think the Young Man has taken up legal residence with the Young Lady under your lease, and the language in the lease disallows this--I would think about calling her and just asking (in a nice way)...if she says yes...take it from there, if she says no I'd drop it--and collect the rent.

You have no proof he lives there...just somewhat of a guess...and they may just enjoy each others company so much they get married...then you can see about adding him to the lease.

Good Luck!

1 Reply
Eliott Elias
Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
3y
Depends on what your lease says, but mine say they can't have guests for more than 15 days or there is a penalty
0 Reply
Terrell Garren
Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
3y
Best thing I've learned in 13 years - M2M rental agreements. I can deal with problems immediately and don't need a lease that reads like Moby-Dick.
1 Reply
Heidi Ahlden
Member since 2022 · 3 posts · 2 votes
3y
I would say the lease has to define the stay. I was always told that proving residency is difficult otherwise. Even if someone gets mail or has bills in their name, that does not prove they live there, unfortunately. I would also think it gets messy in the "I have not been here continuously" kind of argument. Did they go to their dorm at all? Are any of their possessions not at the apartment? This would be a very tricky thing to prove if it came to it in court. You can still put them on notice saying that it has been noted on several occasions that this person is there which seems to indicate they have been staying in the property in a resident-like manner. Remind them of the clause, and make this part of the file. Even offer them the right way to add this person. You'd be wise to have an application to have all the details for this person who is regularly in your property in case something does happen.
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Lori Williams
Developer · Youngstown, OH · Member since 2019 · 129 posts · 121 votes
3y
Argh, did you get one of my previous tenants? :)

My lease says guests cannot stay more than 7 consecutive days or more than 14 days per year. And that if they move someone in, they are not considered a tenant. And only the people named on the lease can live in the house.

I don't know what it is with these women that they'd even date someone who couldn't pass a background check or credit check, but they do. However, if they can't pass an application process, they aren't the kind of person I want in my property. Also, chances are real good they are unemployed (or unattachable), so if they cause damage, they aren't going to pay for it.

The last one was there 30 days with a smart*** unemployed bf who thought he had the standing to tell me what to do and sent my plumber away when he only had about 30 min more of work to do, cost me an additional svc call. That night I told her the situation wasn't working for me and she needed to leave. And she did.

The current tenant has her bf, ex husband, or something living there, and I'm not happy. The application absolutely says all adults living in the home must submit an application, and no one can live there but those listed on the lease. The only reason I'm not giving her the boot, tbh, is I raised the rent 300.00 between the last and the current, I don't really want to look for a tenant at this time of year in OH, and she's paying 3 mortgages with her rent. So I act like I don't know, and as long as they are taking care of the place and don't give me any grief, I'm looking the other way for now. But that's out of sheer fiscal necessity atm.

On another note, she wants to rent one of my other properties that's larger, and I'm not renting it to her because I don't trust her.

Make sure your lease lists the number of consecutive an annual days they can have overnight guests (daytime is none of your business unless they are causing disturbances in the neighborhood or damaging the property), make sure it lists the individuals permitted to live there, etc.

On this renter, you can tell her you know he's staying there, he's not on the lease, and him living there is a violation of the lease. Depending on what your lease actually says, this may or may not work in getting her out or at least getting him out.
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Bob S.
Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
3y
Quote from @Ian Loonce:

A tenant has her boyfriend over everyday, most likely staying the night. The car is always there.
It's been there every day for 2 months since she moved in. He technically has is own dorm room at the university.
Our lease says no one else can live there but it doesn't say how long guests can stay. I'm wondering what laws there are in Ohio and what can be done.

Who cares? Is the rent on time? Are they wrecking the place? Do they pay all utilities ? If all is good, let it go.
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