Addendum for guest staying 30 days?

Question

My tenant is planning to be out of the country for a month and has asked if a friend can stay during that period to house sit.   I don't have a problem with this if the guest completes a background check.   The length of the stay is greater than what is allowed in the lease.   Should I have the tenant and guest sign an addendum stating the guest will follow all rules and terms of lease and leave by a certain date?

Michele Fischer · Answer

Agree with @Marcia Maynard.  Make sure the criminal record is fine, get some minimal paperwork in place, and move forward.  I would also recommend taking a photo of the license of the new tenant.

Marcia Maynard · Answer

I wouldn't be so concerned. First, your tenant asked for your permission. Second, your tenant is not planning to give up their place and move out. Third, your tenant is not asking for their friend to move in.

I think the tenant's request is reasonable. Be flexible and grant permission. We did this one time when a tenant's father had to stay with him for more than a month while getting cancer treatment at a nearby hospital. In the event a guest tried to stay longer than the time we agreed to, we would always have the option to terminate the rental agreement and both the tenant and their guest would need to go. Great incentive for the tenant to keep their guest in line. If you don't do background checks on other guests, then why do so for this one? Not necessary.

Here's how we word clauses in our rental agreement to be able to protect ourselves and to be flexible enough to handle this type of request.

OCCUPANCY. Tenant agrees that the premises are to be used and occupied by Tenant and members of Tenant’s immediate family only as specified in this rental agreement, namely _______________________________________________. Other persons may not move into the premises, even temporarily, without Landlord's prior written consent. If Tenant allows a person to occupy the residence without Landlord’s consent, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, per person.

GUESTS. Landlord will allow Tenant to host guests on the premises for special occasions and short periods of time and Tenant agrees to accept responsibility to ensure guests do not violate any of the terms of the rental agreement. Tenant agrees to obtain prior written consent from Landlord for any guest staying more than fourteen (14) days in any 12-month period. Landlord may at any time ask guests to leave the premises for violation of any of the terms of the rental agreement.

Jeff Keller · Answer

I think it would be a good idea to build expectations in a professional direction and manner. If it is just word of mouth, expectations my drift in a direction you don't want them to.

Realistically you would probably never take legal action to enforce this. However you don't want your tenant eventually thinking he can run an airBnB whenever he is on vacation or on a business trip.