Hello Bigger Pockets community
I have a 2 year tenant who has a girlfriend living in the house (single family) who isn't on the lease. This is a breach of our agreement however the tenant isn't breaking any other lease terms otherwise. I have attempted send him a letter about this but it was returned. I think I know I need to deal with this but on the other hand I am somewhat reluctant to do so. I need some encouragement. The tenant is kind of a grouch and I just don't feel like dealing with him, especially since he pays on time and his rent is slightly over market.
@Brian Corbett So Your tenant has rented your whole house. He pays on time and pays over market rents.
Why bother upsetting the apple cart over this?
When the lease comes up for renewal add her then.
@Brian Corbett "The letter was returned"? Address unknown-or what? That to me is as alarming as the GF. Who is in charge here anyway? ;<)
I would let it be until the lease expires. Especially if he pays on time and isn't a problem otherwise. If you went though all the hassle to add her, then they break up, you'll have to go through it all over again.
Personally, I don't waste my time on stuff like this. If the guy had a different guest stay for a week each time, it would be the same number of people being in the house and (likely) perfectly legal from your lease language. You wouldn't have had any different rent one way or the other. If it really bothers you, don't renew the lease when it ends, or put your future tenants on month to month so you can throw them out when you're sick of them.
Why would the letter come back to you? Isn't your contact address for the tenant *your* rental property address?
Enforcing a lease has nothing to do with whether a tenant pays on time or is otherwise a good tenant. It is a legal contract, either enforce it or rewrite it eliminating all rules you have no intension of enforce. Keep in mind when he moves out you may have a problem evicting her.
In your situation when the lease is up for renewal remove all references to additional indivulaes living in the property and any other clauses you have no desire to enforce.
If you are going to pick and choose which parts of the lease you are going to enforce your tenant has the right to pick and choose those parts they wish to follow as well. Better clean up your lease before your tenant catchs on.
Thanks all for the responses. This tenant was on a 1 year lease then switched to month to month afterword. He's paying $1100/month which is on the high side for a single family home in toledo. I offered to him to go to $1050 if he signs another 1 year lease...haha this was 1.5 years ago, he should have taken me up on my offer! I sent two letters..one regular mail not returned. Then a second after no response I sent certified..so I think since the mail carrier couldn't get a signature, it got returned..need to go to post office to get it to verify exactly what happened. A part of me (agrees with @Thomas S. ) wants to further enforce this, but another part of me (agrees with everyone else) why screw up a good thing?
To me this is stepping over dollars to pick up dimes. The rent is being paid, the house isn't being trashed. I understand the irritation but I would focus your precious time/energy elsewhere.
@Brian Corbett recently I came to regret not performing a regular inspection and it has turned out to be an extremely expensive lesson. So now, every six months we notify and inspect, come hell or high water. Just a word to the wise; when was the last time you stepped into Grumpy's place? All the best!
I would notifying him that it would be an extra 10% per occupant.