Do children that are not in full custody count as tenants?

Question

If you have a lease with someone and then later down the line they have children staying there that are not on the lease are they considered tenants as well (children are minors)? Can you evict a tenant for having children that they do not have full custody of staying at the house when you didn't know they would be prior to the lease? What remedies does a landlord have in month to month vs yearly lease in this situation?

If there is a per bedroom limit of people residing in the property, do the noncustodial children count for that limit? How does that work?

Thomas S. · Answer

It should be covered in your state regulations regarding tenants children and additional occupants.

Michele Fischer · Answer

Moving in an adult without permission is a big deal, but it doesn't necessarily mean they are a liar or untrustworthy.  If this is repeated behavior or you have caught them in a lie that is a different story.  Some people forget or don't understand what they agree to, some don't think the landlord really cares as long as the rent money comes in.  I like to do annual maintenance inspections and ask the tenants who is living there so they do have to lie or remedy the situation.

If we find out someone new has moved in, we require the screening fee and a completed application quickly.  If it checks out they get added as an authorized occupant or tenant.  If they drag their heels or if it is over the occupancy standards there should be a notice to comply posted or legally delivered.  If they do not get the occupancy down, eviction or ending the agreement would be the next step.  If some of those occupants who cause the occupancy to go over the standards are part time, I'd find out how the broader rules treat part time occupants or how they define guests.  My fire department & city do not have occupancy standards so it is at my discretion.

Therese V. · Answer

@Michele Fischer

Let's say a tenant  is in a 2 bedroom home that the city limits to 2 people per bedroom. She has 3 children. So 4 total people landlord was made aware of at the time of move in. She moved in boyfriend (unannounced to landlord and thus putting them over the occupancy limit) and boyfriend has non-custodial children stay occasionally.

I have seen people mention these scenarios when talking about screening tenants. What does a landlord do if that situation happens? They are clearly over the occupational limits of that locality. The tenant also has moved in someone that did not get the background checks and is not on the lease. This also makes the tenant a liar and untrustworthy? what remedies does a landlord have? Just file eviction even if they are paying since it is against a locality regulation to have that many people in that dwelling?

Michele Fischer · Answer

Your rental agreement or lease should explain how long a guest can stay (two weeks in a six month period or whatever) and what the consequences of breaking that are.  If it doesn't, add it.

At this point you need to decide whether they are otherwise good tenants and give them a warning, add them as authorized occupants and move on, give them notice to not have unauthorized occupants and likely force a move, or get them out even more aggressively.

If it is otherwise working, part time kids are less wear and tear than full time kids.  It's very hard to keep track of who is actually living in your property, that is the part of landlording that drives me nuts.

Russell Brazil · Answer

Fair Housing.

You can not discriminate based on familial status

Kim Meredith Hampton · Answer

If they did not disclose this on your rental application, them they would be in violation of their lease agreement.

Good to know your state statutes to guide you along the way.

HUD typically states 2 persons per bedroom +1, which gets deciphered many different ways, just be careful with familial status regarding fair housing

Do children that are not in full custody count as tenants?

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