I need advice on working with a tenant and their lease

I need advice on working with a tenant and their lease

Boyertown, PA · Member since 2016 · 27 posts · 8 votes

Hello. I have a question regarding a tenant and their lease that I would like some advice on.

Here is the background.

I bought this property just over a year ago. It is my first and only rental property, currently. I have one tenant living in the property, that came with the property, when I purchased it.

I bought this rental property from a friend who was going through a divorce and needed  to free up some cash. In all of his time of owning they have been good tenants. At the beginning of this year I signed a new one-year lease with them. The lease has only one adult listed as being the responsible party but there are three adults and several children living in the apartment. The tenant asked me today if she could end her lease and have her daughter take over for her. I have not spoken to her about this yet but I believe that she wants to move out and that her daughter wants to stay behind and continue to live in the property.

Here is my dilemma. I am 95% sure that the daughter does not have a job but I'm assuming may have some sort of government assistance income. I have come up with two possible solutions and I would like some more experienced landlords to weigh in.

The first solution is to allow the daughter to continue paying the lease with the understanding that the tenant who is currently responsible, would remain responsible until the end of the lease. My theory is that if the daughter has sufficient income and is able to pay the rent, the mom should have no issue with her name being on the lease as the responsible party until the lease ends. If she pays the last four or five months of the lease on time and everything goes smoothly,  I can sign a new lease with her at the end of the current one. The thing that makes me a little bit nervous about this scenario is that the current tenant has been struggling just a bit, the last two months to pay the rent on time. Since the daughter is living in the apartment, why does she not help to pay the rent now, so that it is not late?

My other solution is to make the daughter apply just like a new tenant would have to do. This way I can verify her income Etc. If she meets the criteria, I can then sign a new lease with her. My reservation with this solution is that I'm guessing the daughter may not meet my criteria for a new tenant. If that is the case, I will be looking for a new tenant.

Maybe you have another solution. I am open to hearing what you have to say

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Brie SchmidtBusiness Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
7y

@Jeff Lehman - The daughter should apply like any new tenant, if she does not qualify she may need the other adults living at the property to apply as well.  You set your criteria and they must meet it. 

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  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    7y

    @Jeff Lehman - The daughter should apply like any new tenant, if she does not qualify she may need the other adults living at the property to apply as well.  You set your criteria and they must meet it. 

  • Ashley KehrPro Member
    Rental Property Investor · Buffalo, NY · Member since 2017 · 206 posts · 185 votes
    7y

    I agree with @Brie Schmidt. I have the exact same scenario right now. The daughter is going through the same process as her mom did to rent the apartment. I’m also charging her a hold deposit. If she can’t come up with first month’s rent and security deposit by the 1st I will at least have $200 for time wasted not showing it to others.

  • Boyertown, PA · Member since 2016 · 27 posts · 8 votes
    7y

    @Ashley Kehr, @Brie Schmidt

    Thanks for your input. I contacted the tenant with some questions and have not heard anything back since then. I'm guessing they had some kind of ulterior motive and decided it wasn't worth pursuing.

    I do have another question for both of you.

    Have either of you ever had a prospective tenant who met your screening criteria but there was something about them that gave you a bad feeling? Maybe it was the way they took care of their car or something that you found that they posted on social media Etc. How do you reject a tenant without fear of being accused of discrimination? I will be listing a unit shortly oh, for my first time. This is something that I've been pondering for a while.

  • Chicago, IL · Member since 2018 · 546 posts · 227 votes
    7y

    I definitely agree with what @Brie Schmidt and @Ashley Kehr have already mentioned in that the daughter should apply like anyone else. Sounds like you've tried to follow-up with questions as well but no response from her, so... that's a pretty clear indicator that this might not be the best situation for your rental moving forward. Additionally, in regards to your second question, go with what's in the best interest of your business; definitely be sure to ask questions that don't violate any FHA rules but make those questions standard across all applications. Sometimes the trick/non-obvious trap questions can help you get a better idea of what kind of tenant they'll be. They can have the best credit score in the world, or a really great reported income/salary, and still be considered a terrible tenant. Don't forget to conduct those reference requests with prior landlords as well. That usually sheds some light on some of the less obvious issues; ie. would you rent to this tenant again?, did they pay their rent? on time? etc. - If you have any additional questions or recommendations as far as tools you should use, I'd be happy to help via DM! @Jeff Lehman

  • Boyertown, PA · Member since 2016 · 27 posts · 8 votes
    7y

    @Rob B.

    Thanks for your advice. I take any advice that I can get.

    One of the things I have heard landlords say is to look at how a prospective tenant treats their vehicle. Because, you can bet but this is how they will treat your property as well.

    I know that if they do not meet the criteria for income, credit score, and have good references, the letter stating that they have been rejected it's much easier to write because there is no way that they can say that you discriminated. However, if you reject them because you didn't like the way their car looked, what do you put in the content of the letter so that they do not I think that they were discriminated against, based on race, color, religion, Etc?

    Or do I need to be putting that criteria in the written tenant screening criteria? Or on the application?

    Do you have a sample application that you wouldn't mind sending to me?

    Thanks again for your input

  • Boyertown, PA · Member since 2016 · 27 posts · 8 votes
    7y

    @Rob B.

    Or do you just simply state, "your application has been rejected" and not give a reason? I was under the understanding that if you reject an application that you MUST give the reason for the rejection.

  • Chicago, IL · Member since 2018 · 546 posts · 227 votes
    7y
    Originally posted by @Jeff Lehman:

    @Rob B.

    Thanks for your advice. I take any advice that I can get.

    One of the things I have heard landlords say is to look at how a prospective tenant treats their vehicle. Because, you can bet but this is how they will treat your property as well.

    I know that if they do not meet the criteria for income, credit score, and have good references, the letter stating that they have been rejected it's much easier to write because there is no way that they can say that you discriminated. However, if you reject them because you didn't like the way their car looked, what do you put in the content of the letter so that they do not I think that they were discriminated against, based on race, color, religion, Etc?

    Or do I need to be putting that criteria in the written tenant screening criteria? Or on the application?

    Do you have a sample application that you wouldn't mind sending to me?

    Thanks again for your input

    Happy to help as best as I can! Screening is the best way to mitigate your risks of renting to a bad tenant, and you're already asking a lot of the right questions. 

    There are some tools out there, one in particular I can think of, that help to automate this process for you (online application which includes full spectrum of reporting - ie. credit report, background check, eviction history check, etc - and automatically sends reference requests off to prior landlords for them to complete; and if you need to deny an application, it allows you to use a standard decline application message for those applicants whose applications you won't be proceeding with). You even have the ability to add your own custom questions to the application and make them automated/standard across all application requests. More than happy to share my recommendation for a landlord solution via DM! 

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