Tenant signed lease and someone else moved in
So my boyfriend has a duplex and had a lease signed a couple months ago.
We’ve noticed the person that signed the lease does not seem to be the one living there- it seems to be other people.
This person is paying rent early so far, but obviously don’t want to keep this going. We don’t know how to proceed without eviction, so any alternatives or thoughts are welcome. Thanks!
#3 Managing Your Property Contributor
Who did your boyfriend give the keys to and what does the lease say (can they sublet)?
Quote from @Theresa Harris:
Who did your boyfriend give the keys to and what does the lease say (can they sublet)?
The keys were given to the lady who signed the lease but the door has a code as well.
The lease does not allow subletting and states it would terminate the lease
You/your boyfriend, or whomever is managing the property should speak with the occupant and find out what the situation is. Honest, direct communication is needed to clarify what’s going on. Once you know the deal, you can refer to the lease( the signed contract) and proceed accordingly. Good luck!
#3 Managing Your Property Contributor
Quote from @Allie Robertson:
Quote from @Theresa Harris:
Who did your boyfriend give the keys to and what does the lease say (can they sublet)?
The keys were given to the lady who signed the lease but the door has a code as well.
The lease does not allow subletting and states it would terminate the lease
Then you need to see whose name the utilities are in and who is occupying the house. If it is not the person whose name is on the lease, you need to talk to that person and find out what is going and let them know they are in violation of the lease.
#1 Tenant Screening Contributor
- Property Manager
- Honolulu, HI
Was it made clear at all stages of the transaction that all adults that would be occupying needed to provide their info with the application, and sign the Rental Agreement? Does the agreement address "guests" that stay more than X days are prohibited/must sign onto the agreement? If either of these were addressed in the agreement, send/deliver a notice of violation per local law and the terms of the agreement.
#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
- Investor
- Austin, TX
Confront the tenant about this first. If this is the case tell them you are going to proceed with eviction, that should be enough to scare them off.
Quote from @Eliott Elias:
Confront the tenant about this first. If this is the case tell them you are going to proceed with eviction, that should be enough to scare them off.
True. We’ve asked once before and she said that it was just friends and they weren’t staying long- but we’ve seen way more of these people and almost none of the actual person on the lease.
Quote from @Richard F.:The lease states “ Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use.”
Aloha,
Was it made clear at all stages of the transaction that all adults that would be occupying needed to provide their info with the application, and sign the Rental Agreement? Does the agreement address "guests" that stay more than X days are prohibited/must sign onto the agreement? If either of these were addressed in the agreement, send/deliver a notice of violation per local law and the terms of the agreement.
It doesn’t really state how many days- it’s pretty vague. Thank you for the response!
Quote from @Allie Robertson:
I don't think Tennessee has a law regarding guests, but you can still tell them that anyone staying longer than two weeks in any six-month period is no longer a guest.
If the person that signed the lease cannot prove they live there, I would terminate the lease and force them all out.
Two things first: what does your lease state about authorized occupants and what is your state law. Tennessee is a "tenant friendly" state. For example: "Any guest staying in the property more than two weeks in any six-month period will be considered a tenant, rather than a guest, and must be added in the lease agreement." In my state, this would be a lease violation and we would give 7 days notice to cure before terminating the lease and kicking them to the curb.
What you may find you have here is a sublease - which unless it is allowed in your lease is always a lease violation. I recommend sending the leasee (the tenant on the lease) a written notice that the lease has been violated with a non-lease occupant and it needs to be cured immediately. You can do this via email or by mail delivery with proof of delivery - but not text as the courts have ruled that copies of text messages are not admissable in court.
If nothing else, you have the right to know who is living in your property and fix this fast. Don't threaten eviction unless your state law considers this due cause as that would be costly to the owner.
Hope this helps...
Quote from @Allie Robertson:
Quote from @Richard F.:The lease states “ Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use.”
Aloha,
Was it made clear at all stages of the transaction that all adults that would be occupying needed to provide their info with the application, and sign the Rental Agreement? Does the agreement address "guests" that stay more than X days are prohibited/must sign onto the agreement? If either of these were addressed in the agreement, send/deliver a notice of violation per local law and the terms of the agreement.
It doesn’t really state how many days- it’s pretty vague. Thank you for the response!
Hey Allie, I would start putting wording in the contracts that state how long a guest can stay before they are a tenant (like Patricia said but not sure the # of days for TN). Places I have lived in the past have these statements and while usually it was not strictly enforced, they would make sure I knew this signing the lease in case I were to have someone stay too long and also had the affect of myself making sure I didn't break this rule even while I knew it wouldn't be enforced strictly. I know I recycled some info that people already said but hope my input helps!
Absolutely speak with the tenants first and see if you can get an honest answer as what's going on. If you're not satisfied with their answer and determine they're not abiding by the lease, post a demand for compliance according to state/local law. If they don't cure the demand, connect with your local eviction attorney and proceed with an eviction.
