Unnecessary Occupancy Addendum?

1 Reply

Hi BiggerPockets!  I'd like some advice.

I have an inherited tenant in one of my units.  Let's call it Unit X, tenant 1 and 2.  Looking through their lease, it shows both tenants 1 and 2 on the lease.  However just recently I was talking to tenant 1 and I asked them about tenant 2.  Tenant 1 said: "Oh tenant 2 doesnt live here anymore".  However the lease clearly states tenants must inform landlords and file an occupancy addendum or they receive a $100 fine.  

I was considering asking tenant 1 to sign an addendum to remove tenant 2 from the lease and make them the only person who has 'occupancy'.  However, maybe its pointless.  There doesn't appear to be any real reasons I should push it in this case.  Only if they add a new person without updating occupancy is there a problem with evictions and liability.  It looks like tenant 2 was added to the lease probably to be able to qualify but then left.  However, tenant 1 is making rent no problems so far.

So Addend or not Addend?

thanks!

I wouldn’t change it for two reasons. First, if there’s ever a problem collecting rent or any other money you’re owed, it’s one less person you can hold accountable. Second, and more importantly, you can’t legally just remove a tenant from a lease without that tenant’s knowledge/permission.