Issues With Tenant Before Move-In Date

Dante Pirouz

Investor · Almont, MI · Member since 2015 · 361 posts · 302 votes

All depends on what you have in your lease...and make sure to check the rules in your state for tenants and evicting...If you can I would start the eviction process.

Kurt K.

Rental Property Investor · Phoenix AZ / Kendallville, IN · Member since 2016 · 293 posts · 149 votes

You need to put your foot down very hard and I would get them out ASAP. They sound like trouble and I would start the eviction process. On the next round of tenants I would screen them more carefully as Christopher suggested.

For the fact they were not telling the truth based on their lease application is grounds for eviction in my book. If you don't nip it in the bud you will be sorry.

Investor · Wendell, NC · Member since 2014 · 189 posts · 54 votes

The standard is that every person over 18 fills out an application, and the people under 18 are accounted for. I assume at this point the husband did not fill out an application and under go the screening process?

If that's the situation, then he is a visitor and him staying in in violation of the lease, and gives you grounds to evict. I would move quick before you're truly stuck with them.

Also, staying there and moving in early is also in violation of the lease I would assume. So I would push that as well.

OP

Investor · Denver, CO · Member since 2013 · 38 posts · 4 votes

Originally posted by @Christopher Brainard:

If you have a signed lease, you're going to find it difficult to up the rent or security deposit. It sounds like your tenants know more about how to work the system than you do :) I'm reasonably sure that's why they didn't lead with her felon husbands application. Did you property screen this entire family? I would think during the screening some red flags would come up to reflect the trouble that you are currently experiencing.

As far as the husband goes, that depends on your lease. Mine strictly forbids visitors after x days and allowing someone to live there who isn't on the lease is grounds for eviction. If your lease has similar language, you should definitely follow through. If you give tenants an inch, they will take several miles.

-Christopher

I did screen everyone that would be living in the property and everything checked out. The woman living in the bottom unit had rave reviews from her employer and previous landlord but nothing about the husband came up since she said he was her boyfriend and said he was living somewhere else. I'm waiting a callback from my attorney on how to proceed and cover myself against litigation.

Investor · Wendell, NC · Member since 2014 · 189 posts · 54 votes

Originally posted by @Account Closed:

Originally posted by @Christopher Brainard:

If you have a signed lease, you're going to find it difficult to up the rent or security deposit. It sounds like your tenants know more about how to work the system than you do :) I'm reasonably sure that's why they didn't lead with her felon husbands application. Did you property screen this entire family? I would think during the screening some red flags would come up to reflect the trouble that you are currently experiencing.

As far as the husband goes, that depends on your lease. Mine strictly forbids visitors after x days and allowing someone to live there who isn't on the lease is grounds for eviction. If your lease has similar language, you should definitely follow through. If you give tenants an inch, they will take several miles.

-Christopher

I did screen everyone that would be living in the property and everything checked out. The woman living in the bottom unit had rave reviews from her employer and previous landlord but nothing about the husband came up since she said he was her boyfriend and said he was living somewhere else. I'm waiting a callback from my attorney on how to proceed and cover myself against litigation.

Sounds to me like the boyfriend/husband was not part of the original lease, so they cannot move in. period. If they due issue a notice they are in violation of the lease and evict. The only problem you might run into is the parents being in the above unit. Are they tied to the same lease?

Christopher Brainard

Rental Property Investor · Rockwall, TX · Member since 2015 · 891 posts · 701 votes

Originally posted by @Account Closed:

Originally posted by @Christopher Brainard:

If you have a signed lease, you're going to find it difficult to up the rent or security deposit. It sounds like your tenants know more about how to work the system than you do :) I'm reasonably sure that's why they didn't lead with her felon husbands application. Did you property screen this entire family? I would think during the screening some red flags would come up to reflect the trouble that you are currently experiencing.

As far as the husband goes, that depends on your lease. Mine strictly forbids visitors after x days and allowing someone to live there who isn't on the lease is grounds for eviction. If your lease has similar language, you should definitely follow through. If you give tenants an inch, they will take several miles.

-Christopher

I did screen everyone that would be living in the property and everything checked out. The woman living in the bottom unit had rave reviews from her employer and previous landlord but nothing about the husband came up since she said he was her boyfriend and said he was living somewhere else. I'm waiting a callback from my attorney on how to proceed and cover myself against litigation.

Make sure you don't call the numbers they provide for their employer and landlord and look them up independently. I've also had tenants which give you their BFF's phone number to pose as their employer.

-Christopher

OP

Investor · Denver, CO · Member since 2013 · 38 posts · 4 votes

Originally posted by @Colton S.:

Originally posted by @Account Closed:

Originally posted by @Christopher Brainard:

If you have a signed lease, you're going to find it difficult to up the rent or security deposit. It sounds like your tenants know more about how to work the system than you do :) I'm reasonably sure that's why they didn't lead with her felon husbands application. Did you property screen this entire family? I would think during the screening some red flags would come up to reflect the trouble that you are currently experiencing.

As far as the husband goes, that depends on your lease. Mine strictly forbids visitors after x days and allowing someone to live there who isn't on the lease is grounds for eviction. If your lease has similar language, you should definitely follow through. If you give tenants an inch, they will take several miles.

-Christopher

I did screen everyone that would be living in the property and everything checked out. The woman living in the bottom unit had rave reviews from her employer and previous landlord but nothing about the husband came up since she said he was her boyfriend and said he was living somewhere else. I'm waiting a callback from my attorney on how to proceed and cover myself against litigation.

Sounds to me like the boyfriend/husband was not part of the original lease, so they cannot move in. period. If they due issue a notice they are in violation of the lease and evict. The only problem you might run into is the parents being in the above unit. Are they tied to the same lease?

No They're not on the same lease but I'm worried that if I terminate one, the upstairs will get trashed which I just spent 20k to completely renovate.

Investor · Wendell, NC · Member since 2014 · 189 posts · 54 votes

That is a bit of a sticky situation that you are in. I would still refuse to let the boyfriend/husband into the house because he does not meet the qualifications that you have.

This might not be ideal, I would give the parents space but make sure you can inspect the property at your own leisure with a notice. This way you can legally watch them, to ensure no additional occupants come into the home and so it doesn't get trashed.

Talk to the tenants like they're adults, let's hope they react that way, and see if you can find a win-win.

Did the parents decide to move in early as well?

OP

Investor · Denver, CO · Member since 2013 · 38 posts · 4 votes

Originally posted by @Colton S.:

That is a bit of a sticky situation that you are in. I would still refuse to let the boyfriend/husband into the house because he does not meet the qualifications that you have.

This might not be ideal, I would give the parents space but make sure you can inspect the property at your own leisure with a notice. This way you can legally watch them, to ensure no additional occupants come into the home and so it doesn't get trashed.

Talk to the tenants like they're adults, let's hope they react that way, and see if you can find a win-win.

Did the parents decide to move in early as well?

No, they won't be moving in until Saturday. I'll be back in town for Christmas so that'll be my next time to check in on them besides having my contractor stop by.

Investor · Wendell, NC · Member since 2014 · 189 posts · 54 votes

Okay, so it sounds like the parents might be reasonable people. Just the lower unit is a bit more irresponsible. Explain the consequences to both of them and make sure you address that he CANNOT live there period.

Kim Meredith HamptonBusiness Member

Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes

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in Florida we must give a 7 day notice with opportunity to cure for non-compliance on an unauthorized tenant. Then after 7 days has expired and the unauthorized person is still residing in the property, you can then send a 7 day notice without opportunity to cure. After that expires, you can file for eviction.

Please notate everything with pictures, times, dates etc... she sounds like a Professional Renter!!!

Check the statutes for your state as to your process

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2 Reply

Deanna McCormick

Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes

Kind of hard to run shot gun from a distance.. Interesting she even mentioned her husband was going to move in at all .. you'd be miles away before all the boxes were unpacked.

I'd let her know she needs to have him submit a application, you'll run it, if it doesn't meet your criteria then you have give him written reply, to HIM that he doesn't qualify and to HER her roommate didn't qualify for the add on to the lease. If his criminal record is within perimeters, that some around the country are now having to consider, you could make permit him to move in. I'd be more willing to accept for a DUI than a Drug or violence charge but if it's been over 3 years since occurrence. but you'll have to figure that out yourself. You could adjust the price of rent to the lease for him if you have a clause in lease that would permit that otherwise rent would have to stay same price.

Let him know at time of application,, hopefully on your lease or in your policy packet that there is a addendum to lease you have a guest policy,, and let them know he can't be a resident.. basically what's that is going to do is,,, bump him out for a week while he stays upstairs with his inlaws and then he's back down with her.. on / off permanent guest..

It's business, follow the correct process, and it will unfold as it may. Per your State land lord tenant guidelines. At this point your the owner, you at least don't have to be overly concerned the other tenant will be concerned if they find out he's a felon cuz it's all in the family.

??? on her application did she list herself as Married or Single or Divorced or Widowed,,, do you have a spot on your application for that??? If she filled that out incorrectly then you may have a incorrect application for her and could give her notice about that to try and get her out.. but she'll just move up with mom & dad probably..

Got to love the rental business....

Thomas S.

Member since 2016 · 13k+ posts · 12k+ votes

Easy solution is consider the two units as separate, send a letter to the woman informing her that the husband is not a tenant and will not be allow to live there. Make sure she understands if he moves in you will evict and offer to release her from the lease.

Your problem is you have absolutely no way of policing the situation or proving conclusively he is there. What I do in a cases like this is issue a no trespass notice on the individual and inform the tenant it will be enforced if he enters the property. That is usually enough motivation to get them to agree to terminate the lease. You are going to need someone local to monitor the situation otherwise the best you can do is terminate her at the end of the lease.

This is one of hundreds of reasons why I highly recommend only having M2M leases. Bad tenants avid them like the plague while good tenants are fine with M2M.

Deanna McCormick

Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes

@Thomas S.

YES,,, The NO Trespass is great tool I've used it before and it works.. but kind of still hard to enforce.

MTM is best way to go I agree fully.

OP

Investor · Denver, CO · Member since 2013 · 38 posts · 4 votes

Okay, here is what I have typed and proposing to them:

Anything more I need to ask for or relay? His felony conviction was about 10 years ago when he was a minor, so I figure if he has a job and has been a contributing member of society, it might be okay but I'll put necessary precautions in place to protect myself. Good idea to do it this way? Otherwise he'll just stay there anyway, I might as well put him on the lease and recoup for possible damages.

Jeff B.

Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes

From boyfriend to husband is misrepresentation and that is cause for revocation of the lease.

Do it softly but firmly by refunding ALL money's received in exchange for the keys.

Had a similar case ending up in a full eviction within three months and had to redo the entire apartment too.

Franklin Romine

Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes

I have had several new tenants get weird right at lease signing or during the first month. As a landlord the last thing we want to be is to be hostage by a tenant. Tenants want and need to rent from the landlord. If there is a probably early on or something doesn't smell right, cut the cord, give them the money back and move on. Don't force a tenant to move in. If we want to get to 250 doors we need to put the puzzle pieces together with the least amount of problems.

Franklin

Clint E.

Investor · Saint Charles, MO · Member since 2016 · 118 posts · 91 votes

You look young. Do you think they might be trying to take advantage of you? Do you think they see inexperience and an opportunity to squeeze you?

She lied about her marital status on her lease, complained during walk-through, and lied about staying there.

So you have at least: a complainer & a liar, and a felon, and their whole family moving in. You may want some different tenants.

Michael Boyer

Investor · Juneau, AK · Member since 2015 · 980 posts · 741 votes

It may be you have some professional tenants (those that know how to work the system and work over some landlords) ......a tough start for sure. Condolences....

Trust is pretty much eroded by now, the foundation of the landlord tenant relationship. So you may best look at legal options or exit strategies as mentioned already.

The key going forward is to make it a learning experience.

Most important is to look at how your screening process somehow allowed these folks to get the keys.

So I would look again at the process, from ad, to the first call, showing, through the application, the reference checks (and questions and verification), detective work, etc.

Perhaps it was a rare case where a poor applicant slipped through the system. Or as you do a post mortem on how this "happened", you may see how some extra efforts or clues might have given you more information or even revealed some red flag.

Bright side, this may be your worst tenant experience in your landlord career and you are already getting it out of the way....

Best of luck.

Deanna McCormick

Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes

Personally ya I'd be Pixxed she didn't disclose.

Ya now he's checked out and 10 years ago is beyond average check for felony, so I'd do JUST what you did,, Month to Month,

And add what you did for fee's..

Add Crime Free / Drug Free Addendum to your property for all tenants to sign,

Jon Q.

Investor · Berkeley, CA · Member since 2015 · 1k+ posts · 713 votes

Originally posted by @Account Closed:

I bought my first investment an up-down duplex in Des Moines 7 months ago and was going to live in the bottom unit and rent out the top unit after a complete renovation. Work has since moved me out of state but while trying to rent the upper unit, a woman inquired about both units. The upper unit for her mom, dad and brother and the lower unit for herself. The bottom unit needed some work because I was going to renovate it myself and she wanted it in a month starting December 1st. So I threw down some new carpet, vinyl, toilet and got it ready to go. I just handed them off their keys yesterday and flew back. She was constantly trying to find things to complain about as I was handing her keys, as was her boyfriend (I'll get to him in a moment). I had my contractor go out there and fix some things and she gave him a huge list of "demands". Now she's telling me that her "boyfriend" isn't her boyfriend, it's her husband and she was hoping he could move in and he has a felony record from about 8 years ago and some misdemeanors in-between. I already don't like the feeling of this as they're trying to hide things from me and bringing them up after they've signed the lease. I also said they could move things in before the 1st but not stay there, low and behold my contractor was there this morning and said they slept there and were there all day until 3 pm when she had to go to work. They're only signed on until July 31st because of off season, the property is right next to a college and have been getting inquires for next fall.

Any ideas? I feel like this is pretty ridiculous and the lease hasn't even started yet. I need to put my foot down but how hard? If I say no to the husband living there, which I don't think he has a job, do I make it fervently clear that if I found out he's living there she will be evicted? Not to mention the rest of her family is living upstairs in the other unit. If I do let him stay, do I up the rent and security deposit?

Not screen this tenant properly. I would have never approved. The last step and your screening process should always be an in person meeting or phone call to assess their personality and whether or not they will be easy to work with. They immediately begin demanding things during this call, never approve them.

At this point, you need to eliminate her as quickly as possible as she will continue to be a problem. Otherwise, you're going to be in for a very bumpy ride and you hopefully well financially survive it.

The job of a landlord is to set the ground rules, draft a lease agreement to reflect adequately the understanding of both parties, and enforce this contract.

If at any point a tenant suspects you to be a pushover, he will likely take advantage of you throughout the entire relationship. It may sound bad, but it's similar to a parent/child relationship. It's up to the landlord to setup and enforce the structure...while maintaining a cordial positive relationship. If you cannot do this, you either have the wrong tenant or/and you shouldnt be managing property.