Tenant moved out - Discovered something in his lease

35 Replies

Originally posted by @Louis D. :

The yellow on the house at 

108 North 5th Avenue Long Branch New Jersey,

doesn't look bad at all. I think that painting it Neon yellow to fix your problem was a brilliant idea.

Hi, yeah, thanks for the vote of confidence, I would have painted it hot pink with yellow polka dots but I time was of the essence and I went with the closest color that would go over the beige color of the house before I painted it, soooo the whole cost effective aspect thing was on my mind ;) however I did raise the  rent from the $600 to $800 which gave me an extra $2,400 dollars a year which paid for the new toilet ($70.00) and then some, I add a $50 yearly increase to my Sect 8 rental leases, this way the case worker who one must contact in order to implement an increase can reference the agreement and approve the $50.00 a month fee, in my experience the case workers don't like to give any rent increases if they are not in the original lease, a definite way to avoid a long drawn out battle of climbing the chain of command who really couldn't care less if you are the best landlord (not a slum lord) and discourage anyone who asks for an increase by forgotten return phone calls to outright indignant behavior, lies and so forth, Happy trails Brother 

Originally posted by @Robert D Dismukes :

@Tony Kim well , consider it a lesson learned on your part . I am kind of curious about the section 8 voucher limit this guy had . 10% was an extra $372 per month ???? I’ll need a couple hundred units where you are .

10% for each additional occupant. My original post stated that the wife and her son moved in. Hence, it would be an additional 20% on the base rent of 1,860 per month.

I agree that you should have caught it and charged the missed rent from the beginning, after the fact I would not personally although you might be able to legally.

But let’s not forget the real offender here is the tenant, they did break the lease and not follow the rules. Ideally you would enforce the lease as soon as you know there is a problem.

I would be cautious about charging more rent for additional occupants and fair housing laws. Not saying you can’t do it but make sure what your local laws are and I would definitely not add extra rent for minors. Fair housing laws should be taken very seriously.

Section 8 lease supercedes your lease.  You cannot charge him a penny more than the allowable rent.  Let it go.  And I agree, you're very lucky to have gotten them out of there.  There will be more domestic violence, for sure.

However, if there are any damages to the apt, you can deduct that from the deposit.  Document, document, document.  And don't forget to send him an accounting of the deposit, in the appropriate time frame, assuming he gave you a forwarding address.  Otherwise, send it certified, return receipt, to his last known address (your unit).

The moment you found out there was an unauthorized occupant(s) in the unit, you should have sent a Notice to Cease, informing the Tenant that each additional unauthorized occupant in the unit would need to complete a credit/background check, be fully vetted by Landlord, and sign a document stating that they understand they are permitted to live in the unit with the Tenant, but the moment the Tenant vacates, all occupants must also vacate.  This matter was not handled properly by Landlord.  Don't ever allow unauthorized occupants into the unit without vetting them, and getting paid additional rent.

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