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Matt Barker
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Tenants have extra family members staying

Matt Barker
Posted

Hey all. Starting to build my rental portfolio and my tenants came to me last week asking if their 2 family members could stay at the home for about 1 month while they transition from Vegas to STL. The current tenants are an older couple and have been nothing but great! My concern as is my tenants is that the family members have a dog that would have to stay there and it specifically said no dogs in the lease unless discussed with me. (Hardwood floors redone) Do I ask for a no refundable deposit for the month and limit it to one month? Help!

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Replied

The bigger question you need to ask yourself and answer is, what if it's longer than 1month?  I am assuming this isn't rent free.  Where is the location of the rental property to address the concerns for a landlord friendly state?
I only ask about the state where the rental is located because of certain tenancy laws you would want to ask an attorney about.

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Kevin S.
  • Accountant
  • Tulsa, OK
349
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312
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Kevin S.
  • Accountant
  • Tulsa, OK
Replied

@Matt Barker if it were me I would point out to my renter that their lease specifically says no dogs unless discussed with you, say you are not comfortable having a dog in your property, and therefore you are going to have to decline the request. As @Vance Courtney said, what if it's longer than a month? If they are there >30 days, in some states that grants tenancy and you'd have to legally file an eviction to get them out if they chose not to leave. 

Also, do yourself a favor and change the wording of your lease when you renew with them next time to just state "no animals", drop the whole "unless they discussed with me" part, having that in a lease just makes more work for yourself, especially since you clearly don't want animals in your property.

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Matt Barker
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Matt Barker
Replied

Vance I'm in Missouri and thank you Kevin, I was unaware that at 30 days in some states that grants tenancy.

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Mike McCarthy
  • Investor
  • Philadelphia, PA
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Mike McCarthy
  • Investor
  • Philadelphia, PA
Replied

Focusing on the non-legal aspect, I wouldn’t have too much trouble with guests for a month. Maybe write it up where if it extends past 45 days, an additional fee of $25/month/person will be added to the rent to account for extra water usage, wear and tear, etc. That way you’re getting something for it, but you’re also being flexible to their needs.

I would not allow the dog though. You lease says no pets and there’s no controlling what will happen to the hardwood. If it’s scratched up a little, it’ll be hard to charge them $2000 to refinish the floors.

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Colin Douthit
  • Property Manager
  • Kansas City
29
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50
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Colin Douthit
  • Property Manager
  • Kansas City
Replied

Follow what your lease says.  Our states if they are there for 10 days then they have to be put on the lease.  In regards to the dog, I would say it is a case by case basis.  What kind of dog is it?  Will it destroy the floors?  I would take a large deposit on it since it is such a short time.  Good luck!

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Alvin Uy
Pro Member
  • Rental Property Investor
  • Los Angeles
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284
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Alvin Uy
Pro Member
  • Rental Property Investor
  • Los Angeles
Replied

First, give your tenants some credit for atleast telling you in advance and asking permission. 

Second, definitely add the new family member to the lease agreement... you never know if they're going to stay longer than intended.

Third, Ask for a larger deposit.   Also, I've heard some landlords have charged additional monthly "pet rent".  This could be a blessing in disguise.

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Replied

@Matt Barker Missouri is a mostly and landlord friendly state, which works in your favor regarding tenancy. However, the reason that Missouri is MOSTLY a landlord friendly state is due to the security deposit and the favor for the tenant with deposits. For more information check this link out.  

https://www.rentapplication.com/missouri-landlord-tenant-laws/

Hopefully, this will help you with your future decisions.

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Lynnette E.
  • Rental Property Investor
  • Tennessee
2,398
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2,456
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Lynnette E.
  • Rental Property Investor
  • Tennessee
Replied

It would be a lot safer for you to say that they must board their dog elsewhere, and that they can stay for 25 days then must leave for at least 5 days.  That breaks up the 30 day tenancy turning into a person with residency that you no must evict.  That is also what Motel 6, etc. do.  They must leave, even if it is going into a different room every 25 days.  25 days is often used because it gives you time to make then leave as trespassers if they decide to push the limits, and not reach 30 days, the magic number.  Also say they must get a PO box for their mail as receiving mail is another thing that can cause residency, or their mail must be sent in care of the regular renters and have then sign that.

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20
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Bonnie Williams
  • Rental Property Investor
  • Nashville, TN
17
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20
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Bonnie Williams
  • Rental Property Investor
  • Nashville, TN
Replied

Hello,

Our leases state that a guest is someone who stays less than 14 days. Anyone else over 18 years of age would need to apply and pass the background check.

When speaking with tenants we would always refer to the lease and let them know it is important for liability reasons or, to show we are non discriminatory, that we treat all people who rent from us the same so we can't allow more people to just move in.

But, we also like to provide great service so, we might direct them to some Airbnb or VRBO options that could house the people and dog.

Best of luck!

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16
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11
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Michael Foster
  • Rental Property Investor
  • Bellows Falls, VT
11
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16
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Michael Foster
  • Rental Property Investor
  • Bellows Falls, VT
Replied

If they are great tenants, try to work with them.  If they are good responsible people, which it sounds like they are, their guests are not likely to be horrible monsters who are going to trash your house and never leave.

Make it clear to them that the floors are newly refinished and they will need to pay for any damage.  Maybe they can put down a few extra rugs or something.  Maybe send them a letter after talking to them summarizing your conversation so there is a paper trail just in case.

I have apartments with wood floors and renters with dogs and don't have any problems.

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Replied

All I am hearing in these responses is about scratching up hardwood floors. Excuse me, what about how and if this dog would affect the other tenants in the building? Will it bark continously if left alone in a new environment? Will it run in the apartment possibly disturbing the tenants in the apartment below? Are there any tenants in the building allergic to or afraid of dogs and finally the landlord has a legal duty to keep animals off the premises as stated in the lease. Your responses are good but typical in this situation. Its always about the property when the tenants have rights. This landlord needs to realize thete woild be no property without paying tenants!

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I verified it through the email u sent me. So why is thete a problem?

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3
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Replied

All I am hearing in these responses is about scratching up hardwood floors. Excuse me, what about how and if this dog would affect the other tenants in the building? Will it bark continously if left alone in a new environment? Will it run in the apartment possibly disturbing the tenants in the apartment below? Are there any tenants in the building allergic to or afraid of dogs and finally the landlord has a legal duty to keep animals off the premises as stated in the lease. Your responses are good but typical in this situation. Its always about the property when the tenants have rights. This landlord needs to realize thete woild be no property without paying tenants!