Tenant of 4 Years Doesn't Want New BF to be on Lease, Question?
Hey everyone - It's been a while since I've posted, glad to be back on here. I have a great tenant that is wanting to sign another year long lease, this will be her 4th year in this property and she's be awesome. Her daughter, that was over 18 and on all of the previous leases, is moving out and now the Tenant is asking if a new "Guy Friend" can move in. I said I would have to do a screening on him and he would need to be on the lease (this chatting was a couple weeks back). I'm working on the lease now and she asked if we could do the screening on him but not add him to the lease "in case it doesn't work out". I told her I had to have him on some sort of lease, possibly a month-to-month of his own and her on a year, but would get back to her... hence why I'm here now. How would you handle this? And how would I do the financial part of the lease? I'm not sure if they are splitting it down the middle or if she would be fully responsible since she is wanting a year lease. I did ask if she would be able to make the payments herself if it didn't work out, waiting to hear back.
How would you guys handle this? I know enough to never let anyone over 18 to live at the property without a screening and lease, this is just kind of an odd one for me this year.
Thanks All!!
I would tell him that we will put him on the lease, and if for any reason he doesn't work out, you can amend the lease. Just a couple of sentences on a piece of paper that you both sign that says "Both parties agree to remove the boyfriend from the lease and all other lease terms remain in place." Same thing when the new boyfriend moves in.
The bad case scenario is if there is a big fight and he says he's not leaving, but she does leave and then he isn't on the lease. Then you have someone living in your unit you don't have on a lease. We have inherited properties like that and it seldom ends well. We have a clause in our lease that says that anyone residing in the unit longer than a month has to be on the lease, or there is a $200/month fee. It is basically an effort to prevent the tenant from subletting the unit without consequence or permission. I've never had to use it, but I like that it is there.
All the best!
Randy
Quote from @Randall Alan:
I would tell him that we will put him on the lease, and if for any reason he doesn't work out, you can amend the lease. Just a couple of sentences on a piece of paper that you both sign that says "Both parties agree to remove the boyfriend from the lease and all other lease terms remain in place." Same thing when the new boyfriend moves in.
The bad case scenario is if there is a big fight and he says he's not leaving, but she does leave and then he isn't on the lease. Then you have someone living in your unit you don't have on a lease. We have inherited properties like that and it seldom ends well. We have a clause in our lease that says that anyone residing in the unit longer than a month has to be on the lease, or there is a $200/month fee. It is basically an effort to prevent the tenant from subletting the unit without consequence or permission. I've never had to use it, but I like that it is there.
All the best!
Randy
I like that Idea and proposed that to my tenant. Thanks Randy, appreciate the quick response!
-Dan
Quote from @Dan Gustavson:
Hey everyone - It's been a while since I've posted, glad to be back on here. I have a great tenant that is wanting to sign another year long lease, this will be her 4th year in this property and she's be awesome. Her daughter, that was over 18 and on all of the previous leases, is moving out and now the Tenant is asking if a new "Guy Friend" can move in. I said I would have to do a screening on him and he would need to be on the lease (this chatting was a couple weeks back). I'm working on the lease now and she asked if we could do the screening on him but not add him to the lease "in case it doesn't work out". I told her I had to have him on some sort of lease, possibly a month-to-month of his own and her on a year, but would get back to her... hence why I'm here now. How would you handle this? And how would I do the financial part of the lease? I'm not sure if they are splitting it down the middle or if she would be fully responsible since she is wanting a year lease. I did ask if she would be able to make the payments herself if it didn't work out, waiting to hear back.
How would you guys handle this? I know enough to never let anyone over 18 to live at the property without a screening and lease, this is just kind of an odd one for me this year.
Thanks All!!
Your renter is right on her game. Not so much these days, since rents have gone way up, but years ago I would get a lot of younger single women as renters who later on would suggest wanting to add the boyfriend. I always discouraged it for that very reason, as it's just as easy for a boyfriend to go get a protective order and get her kicked out of her own home. Some would heed the advice, others would add them anyway (we always ran credit/background checks on new additions). What we did was put them on the lease as "authorized resident of tenant" or similar language, which did not give them financial responsibilities but also put them as legal at the mercy of the tenant. Then if the tenant wanted to kick them to the curb they could revoke the authorization. This might not be foolproof in certain states but in mine (TN) that's going to get you kicked to the curb in a domestic situation, leaving the rightful tenant in place.
Quote from @Dan Gustavson:
I recommend you set a policy and stick to it.
The best thing to do is screen everyone, approve them, and add them to the same lease. This makes everyone jointly and severally liable for all terms and conditions. If she doesn't trust him to be on the lease, then that should be a strong indication that she shouldn't be shacking up with him.
Quote from @Nathan Gesner:Thanks Nathan - Will be adding him to the lease, but will also take Randall's advice and add that to an addendum stating: "Both parties agree to remove the boyfriend (insert BF name) from the lease if issues arise and all other lease terms remain in place." Does that sound like a good plan to you? I always like other opinions.
Quote from @Dan Gustavson:
I recommend you set a policy and stick to it.
The best thing to do is screen everyone, approve them, and add them to the same lease. This makes everyone jointly and severally liable for all terms and conditions. If she doesn't trust him to be on the lease, then that should be a strong indication that she shouldn't be shacking up with him.
Thank you, Sir.. Dan.
"if it doesn't work out" not exactly Positive Mental Attitude.
You have two options - add him as an authorized occupant or add him to the lease. Adding his to the lease makes him equally responsible and gives you another person to pursue if money is owed, while you have one less person to deal with as an authorized occupant.
Regardless, I always designate one person as the primary tenant. I usually choose the strongest applicant and have this clause in my paperwork:
In the event that Tenants decide they no longer want to live together, ___________ will be considered the primary Tenant to make decisions about modifying or terminating tenancy. Deposits will not be returned (full or partial) until all tenants move out.
We talk about it when we sign papers so everyone is clear. Good luck regardless!
Quote from @Michele Fischer:
You have two options - add him as an authorized occupant or add him to the lease. Adding his to the lease makes him equally responsible and gives you another person to pursue if money is owed, while you have one less person to deal with as an authorized occupant.
Regardless, I always designate one person as the primary tenant. I usually choose the strongest applicant and have this clause in my paperwork:
In the event that Tenants decide they no longer want to live together, ___________ will be considered the primary Tenant to make decisions about modifying or terminating tenancy. Deposits will not be returned (full or partial) until all tenants move out.
We talk about it when we sign papers so everyone is clear. Good luck regardless
Thank you for the response, Michele! Much appreciated!