Dad Staying not on lease!

4 Replies

My tenant moved here from out of state. Her husband and father came to help her move and stayed a couple days. Her husband will not be living with her full time as he will be primarily living out of state, just visiting often, but I told her that he had to be on the lease. Her father though, she just told me is going to be living there a month, which is in violation of the lease. My lease states

The only person(s) living in the Leased Premises is/are: (the husband & wife) 

  • A.Any change in the occupancy will require written consent of the Landlord and may be subject to an adjustment in the amount of rent. 

I need help on how to address this!

No problem, let them know you will be raising the rent a couple of hundred per month. If they intend to take advantage of you there is no reason you should not be enforcing your lease and benefiting financially. If not then it is time you re write your lease. If you do not intend to inforce your lease you have no reason to bother having a lease.

If you keep dad and he gets added to the lease, he needs to go through the same background check(s) you put the couple through.  I would make him bear the costs of said checks.

If he doesn't pass (or you don't want to add him), serve a notice to cure or quit.

You don't want an unauthorized occupant in your rental unit as (at least in NY) they will earn tenant's rights.  You don't want a situation to occur where daughter gives notice and moves, but now dad has possession (with whom you have no legal contract) and is not paying rent.  Loss of rental income, legal fees, holding costs, ensue...