Tenant Wants Ex-Wife to Move In

Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes

My tenant has asked to move his ex-wife in. She will not qualify as a tenant due to the terms and conditions of my screening and application criteria, primarily because she is unemployed. I have told him that all occupants must have a lease agreement to be a resident. Is there anything that I can do other than tell him that she must undergo the same application and screening process as any other potential tenant, and since she does not qualify she will not be permitted a lease agreement? I envision endless adverse scenarios by permitting her to move in, even with a lease agreement. And I would be discriminating if I didn't disqualify her based on the application and screening terms and conditions.

Many thanks!

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Storm S.

Real Estate Agent · Santa Barbara, CA · Member since 2016 · 518 posts · 283 votes

Can’t you add her onto the tenants lease as they would qualify as a whole if the original tenant qualified by themselves

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Storm S.
Real Estate Agent · Santa Barbara, CA · Member since 2016 · 518 posts · 283 votes
8y
Can’t you add her onto the tenants lease as they would qualify as a whole if the original tenant qualified by themselves
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Account Closed
Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
8y
Originally posted by @Hud Hudson:

My tenant has asked to move his ex-wife in. She will not qualify as a tenant due to the terms and conditions of my screening and application criteria, primarily because she is unemployed. I have told him that all occupants must have a lease agreement to be a resident. Is there anything that I can do other than tell him that she must undergo the same application and screening process as any other potential tenant, and since she does not qualify she will not be permitted a lease agreement? I envision endless adverse scenarios by permitting her to move in, even with a lease agreement. And I would be discriminating if I didn't disqualify her based on the application and screening terms and conditions.
Many thanks!
She is an "ex" wife for a reason. You are asking for trouble to find out why she is the "ex". There is no commitment there from one to the other.
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
@Storm S. - my policy is that each tenant must qualify as an individual so if they are left alone, they can afford the rent. This individual does not qualify so if my tenant leaves, I could be stuck with a squatter.
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Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
8y
@Hud Hudson
Stick to those guns. In the long run, it's the right decision.
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Natalie Schanne
Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
8y
Hud Hudson - ask yourself, if she moves in anyway, are you better off if she’s on the lease or not? Sometimes people reconcile with their exes after they find out nobody else likes all their quirks. Do you want to boot this tenant if she is a permanent “guest”? There’s your answer. (Though admittedly sometimes landlord resistance causes other decisions to be made. I have a shared house rental and made roommates sign that no overnight guests without my permission, so the girls go to the guys house to sleep over instead of bringing them to my house.)
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Mike S.
Rental Property Investor · Huntsville, AL · Member since 2013 · 419 posts · 323 votes
8y
These situations are the hazards of being a landlord. What you're able to do vs what's practical. You can screen, deny, and tell the ex no thanks. Tenants can ignore you, which is likely on a relationship like this. Hell, I'm sure somewhere out there someone might even plan all along to bring someone less qualified in. I've had people put girlfriends on apps then cross them out before handing in because of bad credit, knowing they will be moving in. If you push it, do you turn the "good" tenant into an adversary? Do you evict both due to unauthorized occupant? That's pretty expensive.
Realistically, you may just end up approving and having them on lease just to have them contractually obligated to your rules.
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
The risk I see is that the tenant leaves and the ex stays but can’t afford the rent. I would think it’s more expensive to have someone living there, not paying rent, than to have a vacancy.
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Storm S.
Real Estate Agent · Santa Barbara, CA · Member since 2016 · 518 posts · 283 votes
8y
if they are on the same lease is even if one person leaves they are both still liable. If one of them leaves when the lease is up just don't renew the lease with the ex
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
Is it possible to have any additional, unqualified applicants sign a lease and collect a months rent and security deposit from each additional person? In case the current tenant leaves (he has already paid first and last month rent), I would have an extra month of rent covered and holding an extra security deposit during the eviction process of any squatters.
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
@Storm S. - I understand your point, but if he leaves and she cannot afford the rent, won’t I have a squatter until she is evicted? I suppose that’s the case with any tenant who fails to pay rent. I wonder if I can collect a months rent and security deposit form her to have a month covered in case of an eviction.
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Bob B.
Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
8y
@hud So where do stay at home Moms live?
@Hud Hudsonundefined
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Amy Beth
Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
8y
If his income meets your income requirements then her lack of income should not be an issue. I would only be concerned about if she has a felony criminal record or any evictions on her record. I would deny her if she has felonies or evictions but accept her otherwise.
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Peter M.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
8y
Stick with your initial instincts. Everything in your initial post is right. Make sure she doesn't move in anyway because she won't be on the lease and it will be harder to evict her since you have no written agreement. You will still win it will just take longer.
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
@Bob B. - In the past I’ve had spouses in a single lease ageeement. Both had to apply and pass the screening but only one needed to qualify financially for both. This is a different situation than a stay at home mom. This a tenant wanting to bring in another occupant two years after he signed a lease. If I have threee individuals wanting to rent from me, all three must qualify individually so if two leave, one can still pay the rent. I think this is my situation, not a stay at home mom situation. And stay at home mom is an occupation. This person is unemployed.
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
@peter - how do I make sure she doesn’t move in? She showed up today (not with a moving truck, just with her car), and my guest policy allows a guest to stay for one week in a two month period. I know if she’s still there more than a week I can serve a “cure or quit” on the tenant, but at what point is she “moved in”, thus making it more difficult to remove her?
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
@Peter M. - how do I make sure she doesn’t move in? She showed up today (not with a moving truck, just with her car), and my guest policy allows a guest to stay for one week in a two month period. I know if she’s still there more than a week I can serve a “cure or quit” on the tenant, but at what point is she “moved in”, thus making it more difficult to remove her?
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Matt K.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
8y
Only way I can think of would be limit the number of continuous days but.... Also the total number in a say a month?
5 days in row and no more than 15 in a month ? No idea if that'd fly and you already have a lease in place...
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Storm S.
Real Estate Agent · Santa Barbara, CA · Member since 2016 · 518 posts · 283 votes
8y
in California, a tenancy would be formed after 1 month. If your scared that she won't pay rent to get tenant default insurance and have her get a security deposit bond if she doesn't have money to put down a security deposit.
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Peter M.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
8y
I have not been in this exact situation but I did inherit a tenant when I bought a property and was never provided with a lease. I gave her a 3 day notice but when I went to file, the clerk told me that since there was no lease I was required to give her 30 days notice because she was a tenant at will. I think the clerk was wrong because she never paid me any rent so a landlord/tenant relationship was never established but I wasn't going to argue with the clerk so I just waited 27 more days then filed. I was never able nor have ever been able to find anything in the property code that gives me a good answer either way.
The whole issue would be murky if it ever had to go to court so the best thing to do is try and avoid it. Texas laws may vary slightly on this topic from OK so check your property code but this is what I would do:
Make a note today that she appears to have moved in. This can be in your accounting or PM software like quickbooks if you have it or just a letter you print and sign yourself with the date and put in the tenant file. After 7 days, notify the "tenant and all occupants" (and list both by name) that he is in violation of the lease. In Texas we don't have to offer a chance to cure. You can if you want it but if he doesn't cure, it will only make the process take longer. He violated the lease and that is grounds for termination of the right of occupancy. In this situation, if he is a 2 year tenant and he has been paying rent and otherwise not a problem tenant, I would give him the option to cure, maybe 7 days. If still not fixed you file for eviction.
In Texas each person you file against is a separate fee and he is technically your only tenant so you would file against him only. This saves you money and most tenants do not know that if they are not on the court case the eviction does not apply to them. It shouldn't matter because if you evict him, she should move out too. Also, if you have to have the sherriff come to forcibly remove them after the waiting period everything below that I write will not apply since the sheriff will deliver the unit empty and you can change the locks, problem solved.
This whole process will take several weeks. If you are really unlucky and she fights it and doesn't move out or figures out a way to get back in or shows the sheriff that she isnt on the judgement and he lets her stay, you are still covered because you already gave notice to her at the same time you gave the original notice. It will be well past the 30 day limitation and you can then file a separate suit against her since she is holding over.
This is obviously the worst case scenario save them trashing the unit. With everything, avoiding a lawsuit is best so sending threatening letters may be enough to get her to move on and you never actually file for eviction. Talk to them and try to work it out before it gets to the courts. Good luck
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
Thanks, everyone. Each of you have provided valuable input. I intend to allow the tenant to move people in on a lease agreement, but only if they qualify under my screening criteria. I believe I can circumvent the unemployment issue by retaining one month of rent and one security deposit per additional tenant since the original tenant pays the rent each month. If the additional tenant moves out, I refund the retainers. If the original tenant moves out and leave the additional tenant there, I will have one month if rents and an security deposit when the additional tenant lease is terminated. That way if i need to evict, ive got some of the occupancy time covered.
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
8y
She doesn’t work bro. Even the paper boy has a better chance to pay the rent than her . Might as well book an appearance on the jerry springer show now after she signs the lease
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Dick RosenPro Member
Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
8y
I don't understand why she has to qualify financially if he already does? If she passes all other screening criteria just use an addendum to add her as a roommate.
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Paul Ewing
Investor · Boyd, TX · Member since 2014 · 688 posts · 467 votes
8y
How long has this tenant been with you? If he has been paying and she has no issues with her other background checks then I would say let him have her as a roommate. Do they have children? If so I can see him wanting to give her a chance to be with them. What is the difference with this than a girlfriend?
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Hud Hudson
OP
Investor · Tulsa, OK · Member since 2016 · 13 posts · 5 votes
8y
@Paul Ewing - he has been a tenant for a couple years now. These two have No kids together. Roommates/boyfriends/girlfriends all must qualify as individuals per my policy so if/when one leaves, the other can maintain the rent responsibility. I would not risk having roomates collectively qualify because that means they depend on one another. Roommates, BF’s, and GF’s have individual life events that are independent of one another. Since collectively they would make up an uncertain one-half, one-third, etc. of the lease, it’s best to have each qualify for his/ her own separate lease.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y
Ignore the rest of the answers and focus on me, Grasshopper. Ask yourself:
Q: What is the risk?
Q; How can I mitigate that risk or financially benefit from it?
If the answer is to send me a bottle of Maker's Mark, then you have learned well. Contact me for the shipping address and ignore the rest of this post.
Seriously, think through the process:
1. Would you allow another person to move in? Yes, if they met all the qualifications.
2. Does this person meet the qualifications? No. She meets everything except the income requirement.
3. What risk does this present? There's no financial risk because the current tenant already pays the rent. This only leaves two risks: a rocky relationship or the husband moves out and leaves her unable to pay the rent.
4. Is there a way to mitigate this risk? Yes. First, he's more likely to have a rocky relationship with the chick he picked up at the bar after buying her two fingers of Maker's Mark (those girls are crazy and should be avoided like beauticians on Prozac). The truth is, he's more likely to be stable with a reconciled relationship than as a single man. You can mitigate the second risk with a properly written lease that says she has to go when he goes unless she can meet all your qualifications to rent on her own.
5. Are there benefits to letting her move in? Yes. If they stabilize their relationship they are more likely to be good tenants that pay on time, take care of the place, and stay longer.
6. Can you financially benefit from this? Absolutely! Charge a fee every time you add/remove a tenant to a lease. Charge an increased monthly rate for each additional tenant (even $50 a month results in an extra $600 annually which makes it much more affordable to send me that bottle of Maker's Mark).
If anyone finds this helpful, please feel free to contact me for mailing instructions. :)
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