Hi All,

I'm an investor renting out a property in Northern Virginia. I have a tenant problem - please help with your advice.

Here's the story - this large house is currently rented to a group of 5 tenants (2 of whom are brothers) on a lease expiring in July 2016. I found out today that the tenants violated the lease and moved a 6th person in to live at the house without notifying me. I was at the house to conduct a repair (having given notice of my coming), and found that the 6th bedroom was now obviously occupied. The new roommate's mail was on the floor, multiple letters with a name I had never heard before and my rental property's address under the name of each letter. Further, an opened notice from the DMV in this tenant's name related to driving under the influence of alcohol was on the floor, and an unsecured Smith and Wesson handgun was sitting on the bedside table. This stuff was all laying out there for anyone to see... I didn't go through anything.

I specifically explained to the leader of this group of young working-professional tenants (who is amazingly, a young realtor) that the county we live in only permits up to 4 unrelated people to live in a house, and that I was allowing 5 because it was ok with the county, since 2 of them are related by blood. The lease clearly states that any new tenant must be added to the lease only by written agreement. So I am very surprised by this deception, which has apparently been going on for at least a couple of months.

I am wondering how I should deal with this situation. Four months are left on the lease. I hold a security deposit of $3200 on the tenants. I do not want a confrontation with the tenants, although I am willing to do so if necessary.

There is one complicating factor. The last tenants (before the current group) violated the lease in the same way, which is why I was so clear to the current group that we cannot have this situation. In our county having more than 4 unrelated people living in a home is a violation of housing ordinances. In the prior case, a county government housing inspector visited when a neighbor reported the situation of too many cars parked on the street, and found that too many unrelated people were living in the house. I got in trouble and the tenants almost got kicked out of the house early. I managed to fight off the county in court and to let the lease finish. However I had to sign an agreement promising the county that no more than four unrelated people would be there in future leases. So I feel that if this issue comes out I will get in more serious trouble with the county... and may be heavily fined, etc.

On the other hand I'm just not sure what will happen if I confront the tenants. Who is this guy who leaves the gun lying on his bedside? I am not going to go over to the house to confront them. I am not sure if I will say anything at all... maybe I will just let the lease finish and then withhold some of the security deposit (can I normally do that in this situation, claiming that the illegal 6th tenant increased wear and tear?). I feel like I should do something.

I have taken photos and documented everything I found to prove that a 6th tenant is living there. Incidentally, I found that the tenants also violated the lease by bringing in a large dog without asking me, something which the lease explicitly says requires notification and a deposit. That is annoying but a smaller issue than the 6th tenant.

I have generally had a good relationship with these tenants, until now.

What would you do?

Matthew