Tenant wants 2 more people to move into unit. What should I do?

Question

Hi everyone,

So one of my tenants, who is a really good on time payer, called me today to ask if her niece and nieces child could move into the unit for a month. I guess she has no heat and had landlord problems with them not wanting to fix the heating system. That’s what I’m told. She asked if they could stay for one month. I said I would let her know so I wanted to know if anyone has been in this situation and if so what did you do? Do you amend the lease? Charge more? What happens if they don’t move out in a month? There already is 3 people living in the unit (Mom and two kids) and it’s a 2 bedroom home. Now adding them will make it 5. And I’m sure it will be louder.

Appreciate any thoughts and suggestions.

Thanks

Tom

Marcia Maynard · Answer

Maximum Occupancy.... HUD occupancy standards are 2 people per bedroom + 1.  So your place can probably accommodate 5 people.

Temporary vs. Long-Term... you probably have a guest clause in your rental agreement that allows for guests up to a certain number of days. With prior written approval, you can grant more days. Keep the guests as guests. Verify they do indeed reside in another location by checking their ID and rental agreement/utility bills from their place of residence. Remind your tenant that they are responsible to ensure their guests do not violate any of the terms of the rental agreement. Make sure the guests do not plan to bring pets with them.

Extra Rent/Terms....  We allowed the father of a tenant of ours to stay a month (as a guest) while he was obtaining medical care at a nearby hospital. We didn't amend the rental agreement and we didn't charge anything extra.  If the tenant pays for their own utilities, then I wouldn't charge extra rent for such a short-term arrangement. If you pay for utilities, then charge for the extra use of utilities. Don't worry about wear & tear for such a short term arrangement. However, do charge the tenant for damages if such were to occur. It is standard practice in the industry to charge rent according to the size of the unit and amenities, not according to the number of occupants.

Make It Simple.... Good tenants are worth keeping. Doing her and her family this favor will most likely result in building more good will. A simple written document that allows for these guests to stay for a specified time period, with your tenant taking responsibility, clearly written and signed by all parties, should be all you need. No need to do a full application and background check on a guest. But you could do an internet search and see what comes up.

Will the guests hold over?.... Unlikely. You can check with the landlord of the guest to get a better idea what the time frame is for their heat to be fixed. It probably can be fixed in less than a week. The other landlord has an obligation to provide habitable conditions in a timely manner. So verify they are on track to do this. You can also check with the other landlord to verify the niece is in good standing with them and indeed has a home to return to.  Also, if the guests and or tenant violate the terms of your agreement, then your tenant would be at risk of losing their place to live. That is a great motivator for the tenant to keep everything in order.

Michael Noto · Answer

@Tom Canterino First I think it is a good sign that your tenant ran this by you. Most tenants would just have the relatives move in for a month and not tell the landlord anything.

You have to assume they will stay for longer than a month because from the scenario you are describing I would bet the niece has money problems and her aunt is trying to help her out.

In these cases I would recommend running a complete application on anyone over 18 that will be moving in. If they meet your screening criteria I would allow it. If not, politely tell them no. Last thing you want is for your good tenant to move out for some reason and for you to be stuck with the niece and her kid.