Possible Lease violation but unsure
I currently have a tenant in a year lease agreement, changing to a monthly lease on June 1. One section states that "the number of occupants shall be occupied by no more than 3 persons, 1 adult and 2 children under the age of 18, without written consent of the Lessor. "
She has a new boyfriend, who is not on the lease, who spends an average of 10-12 days a month staying there and is not on the lease. I do not unfortunately have any clause that specifically states Limits on Use and Occupancy (this is my first rental and I need to rewrite a better lease.)
My question is, is this a violation of the lease or something I can't do anything about as I have no specified number of days on my lease?
Thank you for all the help
Most Popular Reply
@Dan Huntzinger, that is a difficult issue to police.
You have to check your state's laws, but yes that is likely beyond the point where a guest can become a legal occupant of the unit. So, if you ever evict you will want to include verbiage like "and all other occupants" to include any guests turned legal occupants like that.
From a practical standpoint, is it affecting you as a landlord? For example are utilities like water included where this extra person is costing you some $$$ each month? If not, then I'm not even sure this is something you would want to try to actively police.
You might choose to add a specific limit within your lease just to make it clear what the expectation is, but again its very hard to police something like this and of limited value as long as the rest of the tenancy arrangement is going ok.
@Dan Huntzinger, that is a difficult issue to police.
You have to check your state's laws, but yes that is likely beyond the point where a guest can become a legal occupant of the unit. So, if you ever evict you will want to include verbiage like "and all other occupants" to include any guests turned legal occupants like that.
From a practical standpoint, is it affecting you as a landlord? For example are utilities like water included where this extra person is costing you some $$$ each month? If not, then I'm not even sure this is something you would want to try to actively police.
You might choose to add a specific limit within your lease just to make it clear what the expectation is, but again its very hard to police something like this and of limited value as long as the rest of the tenancy arrangement is going ok.
I wanted to second Kevin's advice on checking state laws. Tenant/landlord laws are usually severe (leaning towards punishing the landlord) if the letter of the law is not followed. Check your state departments website on the full tenant landlord statutes and run it by a lawyer as well.
It isn't currently no. This is Washington state, so yes, very tenant friendly. I just am looking ahead in case he possibly damages something/is blamed for damaging something, moves in with her without mentioning it, or some other unseen issue that arises along with getting guidance on future tenants. Thank you for the response.
It may be challenging to enforce that since you don't have restrictions on overnight guests. You could try talking to your tenant about the issue and see if you can come to a solution
@Dan Huntzinger, very good question there!
If he damages something, your tenant is responsible to pay for it!
I'm sure it sounds a little strange at first, but my lease states (a common lease clause) that the tenant is responsible for their guests. So, when a tenant voluntarily has someone over they are responsible for any damage they cause etc. The tenant after paying you could then in turn try to collect from their guest and even sue them if needed. You have the security deposit to help ensure the tenant lives up to paying you.
With regard to moving in. It happens and again its hard to police. So, if you ever need to evict, you name each tenant and then other unnamed occupants. So, "Mary Smith and all other Occupants" this way its inclusive of anyone you are not directly aware of that may have established residency. Check with your lawyer for the specifics or if specific language is recommended in your state but I'm sure the general idea translates to most every state.
#1 Tenant Screening Contributor
- Honolulu, HI
In my opinion, the section you quoted is in violation of Fair Housing. "3 persons" is ok, but when you then specify "children" that is a problem. As to the boyfriend, if he has his own residence elsewhere, and with no "guest" definition and time limit in the Rental Agreement, not much you can do except hope SHE doesn't move out and leave him in possession... I would suggest waiting until June 1, then give them notice of a "change in terms" based on the number of days required by local law, then either create an addendum to address the changes, or perhaps source a new and more robust Rental Agreement. Either way, require ALL adults complete/update an application with current employment and contact info, and require they all sign the Agreement.
This is one of those things that is hard to control and something I have no intention of policing however you are right it is annoying. My lease addresses the situation but I'm not sure how I would really enforce it and short of them making my home a registered address with a sex offender I'm not sure I'd enforce it. If it is annoying you though make sure you are being compensated for your stress. I know Washington State is fairly tenant friendly so you may have caps on rent increases so you may never catch up with as quickly as rents have been going up. That said though this seems like a tenant who you are going to want to keep close to market rent if not a bit higher if possible.
Thank you for all the replies. this is my first rental property so I am learning. I think my best course of action is to just let it be, suggest him being on the lease if things progress and hold the tenant accountable is any issues arise. I do need to work on a more thorough lease. I inherited this tenant when I bought the property and did not spend enough time on the lease to cover all my bases. Washington is a tenant friendly state. I have to give notice of 60 days before increasing rent so I am figuring this all out now to write a possible addendum to give along with her rent increase that is due at the end of this month to give 60 days notice before her yearly lease expires.