Tenant has boyfriend moving in
Investor · Broomfield, CO · Member since 2016 · 45 posts · 13 votes
Tenant has boyfriend moving in
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San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
9yI have a different take on this.
I was the resident manager of a 26 unit (including mine) apartment building in Silicon Valley, next to a university. Most units were small studios. It was a very old building that had been converted, so apartments were different sizes, but only about 6 one-bedrooms, the rest studios. And about half of my tenants were students - mostly grad students.
What I learned to do in your situation, was to not put the BF/GF on the contract. And the reason was because I didn't want to lose my original tenant. Lovers come and go, and I didn't want my original tenant to face having to move out altogether, just to get out of the relationship AND the contract.
So, this is what I did, and it actually worked beautifully for me. In my contract - and probably in yours - there was a clause that said that guests could only stay so many days - unless the landlord gave written permission.
So, I would give them written permission for the lover to be an indefinite guest, as long as there weren't any problems, and that this permission could be rescinded if there were.
Now, technically, the lover becomes a tenant once they begin living there - it establishes tenancy. BUT, it only establishes them as a month to month tenant. Hence, when the original tenant wants to kick them out, they just have to give them 30 days notice to move out.
Or, they come to me and say they want him/her out, and I give him/her 30 days notice to move, that I'm rescinding my permission to stay any longer as a guest.
I would verbally tell them I don't care who is paying whom money for living there. That's between them. But, regardless, the lover is only a guest.
It will give her the power to kick him out. And you the power to also kick him out if they start having knock down drag-outs on the front lawn.
Also, increasing the rent would give him a better argument about being a tenant, etc., as opposed to being a guest. I guess you could say as long as he's there, the rent would go up to such and such, but then you put them in the position of being tempted to lie to you. I never raised their rents.
The good news is, your tenant is being honest with you. She could have just snuck him in and lied.
I also did not do background checks, etc., as then it would have crossed over into tenant rights, as opposed to guest rights. I just figured I could always just kick him/her out.
And, you would still have the power to just give an eviction notice to the original tenant, if it's something really crazy that violates the lease.
At any rate, this is what worked for me. Never had any problems.
Ironically, the only time I had to kick out fighting couples - it was the ones the tenant had snuck in, rather than asked permission for.
But, this is also why I only ever did MTM agreements, too. Even with MTM agreements, though, you could still lose your good tenant if they're both listed on it, which is why I just made the lover a guest with written permission.
16 Replies
- Rental Property Investor · Manitowoc, WI · Member since 2016 · 178 posts · 186 votes9yYou should screen just like you would for any other tenant moving in to your rental. Even if you decide to not act on anything you find in order to keep your "good tenant", you should at the very least be aware of the skeletons, if any, in the closet of this new tenant.
- Investor · Allentown, PA · Member since 2015 · 101 posts · 69 votes9y
Inform your tenant that it's not her decision to allow the boyfriend to move in, it's yours (per the contract she signed with you). If you get no blowback from her on this point, and if she really is a good tenant, give her the courtesy of checking out the boyfriend as you would have had applied together as a couple a year ago. Meet him in person, if he seems alright, take an application and check it out. If he passes, it's then your decision to add him on the lease as an occupant, or another leaseholder. Also, your decision what to do about the rent, although I doubt you would have charged more rent to a couple over a single a year ago when she applied. If you do get blowback from her decision to violate her lease, is she really a "good" tenant after all? Let her walk.
- Clearfield, PA · Member since 2017 · 9 posts · 1 vote9y
I have a small 1 unit apartment that I lease. When I wrote the lease, I put in that the lease was for 1 tenant only with no more than 1 additional to be added and that the procedure for the additional tenant would be the same as it was for the original tenant with an increase in X amount of rent so they knew when they signed the lease that should they decide to add their boy/girl friend that this is what would happen. Hope this will help.
- Investor · Sapulpa, OK · Member since 2013 · 146 posts · 50 votes9yScreen the boyfriend like you would any tenant and add him to the lease. I wouldn't bother raising the rent though. Rents are based off comps in the area, not on how many people will be using the space. On a related note, I believe in some states you could get in trouble for limiting the number of people living in a property. It can be considered discrimination of family status. That said, I don't think 18 people are allowed to pack into a studio apartment. Just be sure to check your local landlord laws. I have a small apartment similar to the one you have. Perfect for one person but might be cramped if a couple live there. I give them that heads up but ultimately leave it up to them.
- Investor · Torrance, CA · Member since 2016 · 52 posts · 24 votes9y
Agree with everyone. HUD regs say 2 people + 1 for every bedroom. So a 1/1 can have upto 3 people. A single can have max of 2 people. Can't discriminate by saying one person only, what about a single parent with one small child. So have to allow two people in a single.
Definitely run background check.
Also, clarify with original tenant, who is on lease, who is responsible to pay rent, if there is a breakup who stays and who goes.
Remember it's a "business", need to get it in writing, because life happens...
Good luck
- 9yAllen Winston CookPro MemberExeter, NH · Member since 2016 · 13 posts · 0 votes
Definitely do the background check. I have a clause that states that if anyone moves in I must be noticed in advance. In other words, BEFORE the decision to move in is made. It is your property and while she is a good tenant there will be many other good tenants. Usually the fiancé is NOT a fiancé but a fling...he is moving in because he has no money? Just something to think about.... Meet with him, and make sure you are clear about who stays and goes on the lease when their engagement ends. In my early days I did this and regretted it. I found out that they were not really engaged. You could ask when the wedding day is? That will let you know what is really up. And I found out that the guys were usually trouble because now she is supporting whatever habits they have and suddenly the rent starts being late or not coming at all??? Do hope this is not your case.
- 9yAllen Winston CookPro MemberExeter, NH · Member since 2016 · 13 posts · 0 votes
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- Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes9y
I am going to assume your lease specifies who is on this lease (your one tenant).
As others have written, it is not up to this tenant to simply tell you the boyfriend is now going to be shacking up with her.
What she is (or should be) requesting is whether you would accept another applicant (him) into your rental unit. To do so would require that he undergo the same screening requirements she did with background and credit checks. IF he passes you add him onto the lease.
Why?
Say the relationship goes sour and she moves out and he stays, now claiming he is a tenant because he has resided there, gotten mail there, etc.. What would you plan on doing then?
If he doesn't pass (and especially because of something REALLY bad in his past...previous eviction histories, criminal histories) better you lose both of them then accept him.
And forget this "fiance" business. Everyone seems to have a fiance/fiancee; few actually get around to marrying them; even if some product multiple offspring with them. What they really have are boyfriends or girlfriends they are living with as opposed to someone they've actually asked to marry.
Gail
- Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes9y
You are permitted to set occupancy in your unit as long as it doesn't exceed the standard for your cities occupancy per bedroom. I have 1 br units that could per city allow 2 persons.. I never rent to 2 people I put in my ad's "1 person occupancy" and don't permit extras.. but that's me.. I don't want the traffic or added utility expenses.
If you choose to permit this person, it's on a approved credit report, and I would charge additional person fee of at least $50.00 a month. If he doesn't qualify then he has to go and get this all done before you write her a new lease.
Let them know in the future if they have a roommate off lease that to do the paperwork is $125.00 and the security deposit stays on the unit until it is vacated.
Check your city occupancy codes, and state landlord tenant laws.
- Specialist · Dallas, TX · Member since 2014 · 900 posts · 392 votes9y
Great topic, and yes, screen him, you don't want to find him cooking meth in the bathroom...
- Jacksonville, FL · Member since 2014 · 58 posts · 3 votes9y
Have the new tenant fill out a application and screen him. Then just add him to the lease.
- Real Estate Investor · atlanta, GA · Member since 2013 · 456 posts · 237 votes9y
Just as most everyone else said...we get this all the time in shared housing as well, you rent to 1 and soon enough another "tenant" is spending nights there. We write in the lease anymore than 4 nights a month and it double the rent. I also have a clause that requires them to gain prior permission from us before anyone can stay overnight. In this case, screen him and get him on the lease. If you don't and the relationship goes sour, he can argue that he has an oral lease and you need to give him 60 days in most places to get him out....meanwhile he's trashing the place. This stuff is just like dating.....everyone is super nice in the beginning and you won't see the fangs until it goes south. Luck!
- San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes9y
I have a different take on this.
I was the resident manager of a 26 unit (including mine) apartment building in Silicon Valley, next to a university. Most units were small studios. It was a very old building that had been converted, so apartments were different sizes, but only about 6 one-bedrooms, the rest studios. And about half of my tenants were students - mostly grad students.
What I learned to do in your situation, was to not put the BF/GF on the contract. And the reason was because I didn't want to lose my original tenant. Lovers come and go, and I didn't want my original tenant to face having to move out altogether, just to get out of the relationship AND the contract.
So, this is what I did, and it actually worked beautifully for me. In my contract - and probably in yours - there was a clause that said that guests could only stay so many days - unless the landlord gave written permission.
So, I would give them written permission for the lover to be an indefinite guest, as long as there weren't any problems, and that this permission could be rescinded if there were.
Now, technically, the lover becomes a tenant once they begin living there - it establishes tenancy. BUT, it only establishes them as a month to month tenant. Hence, when the original tenant wants to kick them out, they just have to give them 30 days notice to move out.
Or, they come to me and say they want him/her out, and I give him/her 30 days notice to move, that I'm rescinding my permission to stay any longer as a guest.
I would verbally tell them I don't care who is paying whom money for living there. That's between them. But, regardless, the lover is only a guest.
It will give her the power to kick him out. And you the power to also kick him out if they start having knock down drag-outs on the front lawn.
Also, increasing the rent would give him a better argument about being a tenant, etc., as opposed to being a guest. I guess you could say as long as he's there, the rent would go up to such and such, but then you put them in the position of being tempted to lie to you. I never raised their rents.
The good news is, your tenant is being honest with you. She could have just snuck him in and lied.
I also did not do background checks, etc., as then it would have crossed over into tenant rights, as opposed to guest rights. I just figured I could always just kick him/her out.
And, you would still have the power to just give an eviction notice to the original tenant, if it's something really crazy that violates the lease.
At any rate, this is what worked for me. Never had any problems.
Ironically, the only time I had to kick out fighting couples - it was the ones the tenant had snuck in, rather than asked permission for.
But, this is also why I only ever did MTM agreements, too. Even with MTM agreements, though, you could still lose your good tenant if they're both listed on it, which is why I just made the lover a guest with written permission.
- 9yMindy JensenPro MemberBiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
Originally posted by @Ryan Ahlgrim:
Screen the boyfriend like you would any tenant and add him to the lease. I wouldn't bother raising the rent though. Rents are based off comps in the area, not on how many people will be using the space.
On a related note, I believe in some states you could get in trouble for limiting the number of people living in a property. It can be considered discrimination of family status. That said, I don't think 18 people are allowed to pack into a studio apartment. Just be sure to check your local landlord laws.
I have a small apartment similar to the one you have. Perfect for one person but might be cramped if a couple live there. I give them that heads up but ultimately leave it up to them.You can limit the amount of unrelated people living in one space - Fort Collins limits this to 3 unrelated people. They're a college town, and if left unchecked it would be a disaster. If you're married, that counts but I don't think engaged does...
- Investor · Greensboro, NC · Member since 2012 · 8 posts · 4 votes4y
Late 2022-Post Pandemic- This behavior is becoming EPIDEMIC-either due to high rents or Millenial’s entitlement-for me, it’s all otherwise “good” renters
- 4yMelanie ThomasBusiness MemberReal Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 490 votes
Screen the boyfriend and make sure he is qualified, check background etc. If he does not qualify then he is not to move in. If the tenant was a good one, they would not just up and leave. Good luck, happy investing!
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