overnight guest who stays longer and longer and longer...

5 Replies

I have a tenant who occupies a one bedroom apartment.  The lease is in her name and her name only.  It was made very clear in the lease the policy for guest as well as there is only one parking space assigned to her.

In the lease I have this clause:

"Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than 7 nights in any calendar month. Landlord’s written approval is required to allow anyone else to occupy the Premises".

Now the tenant's mom is there a lot.  When I went there to do maintenance like AC filter change, condensate pump cleaning, hot water T&P valve flush etc...the last two months, her mom was there.  Last two times when something went wrong and needed service it was her mom who called me.  I saw her mom going to the laundry room doing washes.  When I asked her mom if she's staying at the apartment, she said no, just helping her daughter out with chores so she's there a lot.  Yet a couple of times I was there early morning and her mom's car was there.  I have seen her mom walked outside the apartment to take out trash int he morning in her PJs.

I mentioned to my tenant that if her mom is staying with her her mom needs to be added to the lease.  The tenant insists that her mom is not staying with her and just comes over a lot to help her with cooking and cleaning.

I believe the reason she doesn't want to add her mom is parking.  I have at this building 4 units and 6 parking spaces.  One space assigned to each unit and 2 guest parking spaces.  It was made very clear that there can be only one assigned space per bedroom and no more.  By claiming her mom being a guest her mom can park her car in the guest space forever,  By including her mom in the lease she now has to find a solution to park 2 cars.

I am absolutely sure her mom sleeps in the unit most days.  I don't know that she sleeps there 7 days a week.  I don't have a way to prove it one way or another.

How would the fellow landlords handle this situation?  There is no parking disputes right now but this could change.  I have had a few occasions where I need to service the place on the weekend and I have no space to park my car due to a real quest and her mom taking up all the guest spaces.

Seems pretty cut and dry.  If you have evidence the mom is living there (it seems you do), you have every right to add her to the lease and ask them to discontinue using the guest parking spots.  Or just ask them to stop using the guest spots since her mom is staying far more frequently than the typical guest.  

You might adjust the wording in your documents too to specify a guest does not use the parking space for more than 12 hours a week (as an example).

@Sam Leon I think what I'd do first, is talk to the other tenants and ask them if the mom's car being there so often has caused a problem for them with guests.

Then I think I'd run by them the idea of charging for the guest parking spaces.  Where all of your current tenants would be given the option to pay a fee for an additional assigned parking space.

If more than 2 want to do this, you could have a drawing.

Another option would be to just give notice to the tenant that her mother has over-used the guest space, which is causing a problem with the other tenants, so she may no longer use any of the guest spaces.  Then, she may just show up with another car LOL.  

You could try giving each tenant a plaque that says "Guest of #______" that their guest can put in the window of their cars, so you know who's car it is.

Policing parking is a pain.  We, at one time, tried using stickers for our first-come, first-served lot.  But, with 25 units, how would I know who was a guest?

If your other tenants say they don't care, and you otherwise don't mind keeping this tenant, you could just ignore it.  It would irritate me, though.  I'd probably tell her she has to pay for an additional parking space or her mom can't park there anymore.  Then see what happens.

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 I don't know how far you live from your units but If you can just drive by there on your way home from work and see what cars are there. if you can document her moms car being there on 7 nights then you have a pretty good case along with what you have told us. and you can bring this to them with an ultimatuim of either put your mom on the lease and figure out your parking or I will file for eviction for breaking the terms of the lease.

This does seem like a small nusience if it is not causing issues now. But now that you know they are feeding you a line of BS, I would let them finish their term there and not renew. Its your call as to how far you want to take this.

I also have a single mom with daughter  I rent a one bed room apart to if anyone can give me there take on this. So often now on Friday night to Saturday night she seems to have a boyfriend stay over. I didn't specify in the original lease how many night per month but how many nights for guest stay over. I guest she is taking advantage but does anyone as any suggestion on how to deal with these type of situation.?