Eviction or Thirty Day notice? Other options?

7 Replies

Hello,

I have an issue at one of my rental properties I would like some advice on. My tenants moved in another tenant whose name is not on the lease without my approval. To my understanding this breach of the lease makes their current lease void. They are on a month to month lease and I understand evictions are costly and time consuming. Would it be better to just not renew their lease at the end of the month and give them a 30 day notice to find another place or should I consider going the eviction route? Or if there are other options please enlighten me. Thanks. 

Michael,

If you want them to stay and have been good tenants, you could ask them to fill out an application and get approved just as any other applicants 

If you really want to leave, just give them the thirty day notice to vacate 

If they don’t vacate, then you would move forward with an eviction 

Kim Meredith Hampton, Real Estate Agent in FL (#BK0601196)
407-253-9324

@Michael Caraballo It depends what you put in your lease about having someone else living there that is not on the lease. If its not there it is time to update your lease. When I first started out I updated my lease routinely when I found out something the hard way.

Since they are on a month to month, you can send them a 30 day notice that you will not be renewing their lease or as Kim said offer to let the new person attempt to qualify to be your tenant and let them fill out a rental application and screen them same as anyone else.

If they refuse to leave and you choose not to rent to them and you have sent them proper notice per your lease and local laws then file for an eviction. In South Carolina this only cost $40 and happens pretty quickly. Not sure what it costs in VA.

I would start with a simple conversation with the existing tenant on your lease and see if they will be reasonable.

I would give them notice sooner rather than later so they have more time to find new housing.

Do you have proof that the additional person is really living there?  People come up with all kinds of stories about how they aren't really living there.  It's very hard to verify and monitor,

Is your end goal to get rid of the unauthorized occupant or to get rid of the rule breaking tenant?  Unfortunately rule breaking tenants are a dime a dozen.  We start with being firm and see if they shape up rather than jump right to move out.

We would probably start with a notice to comply to get the unauthorized person out.  Our rental agreement makes it very clear that only the named people can live there, gives a limit to how long guests can stay without prior landlord approval, and outlines the process for adding a new tenant or authorized occupant.

John, I appreciate the insight. 

Michele, Yes I have email traffic confirming that they did indeed move in a new tenant. Not sure how that holds up legally but that is the only proof I have. I appreciate the advice. 

Originally posted by @Michael Caraballo :

Hello,

I have an issue at one of my rental properties I would like some advice on. My tenants moved in another tenant whose name is not on the lease without my approval. To my understanding this breach of the lease makes their current lease void. They are on a month to month lease and I understand evictions are costly and time consuming. Would it be better to just not renew their lease at the end of the month and give them a 30 day notice to find another place or should I consider going the eviction route? Or if there are other options please enlighten me. Thanks. 

 I understand the initial reaction you are having. You made a rule & they didn't follow it but hold the phone. What you are doing is trying to avoid getting wet after you have already jumped in the pool!

As landlords we screen people out & make rules to avoid loosing money. You screen tenants before they live in your house b/c the cost to evict them or turn the unit over is high. Well this guy is already in your house. Worst case scenario is you spending money evicting them or turning the unit over when they move out. At this point in time are they paying you rent? If so keep cashing those checks, your already wet. Don't rush to cut your nose off to spite your face.

James Wise, Real Estate Agent in OH (#2015001161)
216-661-6633

Join the Largest Real Estate Investing Community

Basic membership is free, forever.