What is in my power as a landlord if I discover that people who are not on the lease live in my property?
Congratulations! You have new tenants!
We warn all out tenants, you have friends and family to stay, they have to be out after 10 days or they get to stay forever - and you pay the rent - and I won't be able to get them out.
We have a couple of houses that are due for renovation, so a guy who was introduced to us a few years ago, borderline homeless, was given one of the houses to live in whilst the house was in the queue. Nice guy, we get on well with him. Pays a peppercorn rent, but it keeps the house safe.
But after the first person he knew decided to stay, and overstayed, we read him the riot act. You should see how hobos think - out went his guests stuff, straight to the road.
He even has a countdown clock on his phone how long someone can stay, last person was his daughter.
On day 5 she found the door locks changed and her stuff in the front yard! One friend had post sent to the house. He found his stuff in the yard later that morning also.
It depends on what your state landlord tenant regulations say. Every state is different and you will find the regulations on line. As a landlord you need to study all the regulations that apply to the operation of your business and understand how they are applied.
The state regulations are your best source to answer all your business questions.
Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
10y
In Texas, if they are invited by the tenant, they have a right to be there. If you tell the tenant they can't stay beyond X days (usually 2 weeks for guests, at least in our lease) then the tenant is in breach of the lease and you can evict based on that default.
I can't speak to Maryland law, but once they're in, they need to be named in an eviction proceeding to get them out in Texas.
You can not rely on any language included in a lease that contravenes state landlord tenant regulations. If the code allow your lease language you are OK otherwise the code applies.
To be completely honest any language defining what they can do regarding guests is unenforceable as it is impossible to prove they have violated the lease unless you are prepared to check and confirm every day. Tenants rarely give a dam about restrictions on guests. You simply must ascertain if the guest is permanent or not.
Landlord Expert · Chicago, IL · Member since 2016 · 15 posts · 4 votes
10y
Hi Allen, I recommend checking your lease to see if you have a "Use of Premises" clause. If you re-read the clause, it may say something like, "Any guest staying in the property for more than 2 weeks will be considered a tenant and not a guest." At that point, long-term guests can be asked to sign a lease.
It's good to re-read your lease and see what the rules are in regards to long-term guests. If your lease doesn't include any verbiage like this, you can do this the next time you sign a lease. I hope this helps. Feel free to reach out with more questions!
What is in my power as a landlord if I discover that people who are not on the lease live in my property?
Congratulations! You have new tenants!
We warn all out tenants, you have friends and family to stay, they have to be out after 10 days or they get to stay forever - and you pay the rent - and I won't be able to get them out.
We have a couple of houses that are due for renovation, so a guy who was introduced to us a few years ago, borderline homeless, was given one of the houses to live in whilst the house was in the queue. Nice guy, we get on well with him. Pays a peppercorn rent, but it keeps the house safe.
But after the first person he knew decided to stay, and overstayed, we read him the riot act. You should see how hobos think - out went his guests stuff, straight to the road.
He even has a countdown clock on his phone how long someone can stay, last person was his daughter.
On day 5 she found the door locks changed and her stuff in the front yard! One friend had post sent to the house. He found his stuff in the yard later that morning also.
Sacramento, CA · Member since 2014 · 513 posts · 319 votes
10y
@Allen Lucas, First learn the laws in your state so you know your rights as a landlord. Then have your lease reviewed by an attorney unless it is one from a professional housing association or realtor association. In the lease, it should have language in it that distinguishes a tenant from a guest. Unfortunately, tenants will take advantage of landlords when it comes to letting friends and family stay if you don't put have language in your lease that limits this or use your three day notices. Here is a link to help you get started in learning your landlord rights and your tenants rights to in your state: