Tenant letting their son live in my shed

Member since 2018 · 4 posts · 1 vote

Good tenant always pays on time. Recently had plumber come out to the property. Plumber told be that the tenants son , his girlfriend and babie who are not on the least are now living in the shed in the backyard. Is this legal? Should I be concerned about them living in a shed?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

It is not legal to live in a shed. I would notify the Tenant that you are aware of what's going on and demand the unauthorized people vacate the property immediately, subject to your inspection in 24 hours. If they refuse or fail to comply, evict.

I would also consider changing your definition of "good" tenant. A good tenant is more than someone that pays on time. Sometimes, you get tenants that pay on time just to keep you from looking too closely at everything else they are doing wrong. A good tenant doesn't violate the terms of your lease, doesn't add people or pets, doesn't park cars on the lawn, doesn't break their lease early, etc.

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Jacob Sampson
Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
6y
Hahaha. I don't even know how to respond. You definately need to have a discussion with the tenant about why the tenant thought that was acceptable...without billing them for shed rent.
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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
6y
If it is a building that has no plumbing, heat or power. They can't stay it is not habitable. Everyone one over 18 has to be on lease if you want them to stay. Your tenant really has little say in the matter.
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Will Gunn
OP
Member since 2018 · 4 posts · 1 vote
6y
@Bjorn Ahlblad
If I let them stay and they continue to live in the shed. Can that have any negative consequences for me or my property? Can they later sue me or can the city fine me?
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Eric Mayer
Rental Property Investor · Clearwater & Daytona Beach, FL · Member since 2019 · 194 posts · 197 votes
6y
Anyone can sue for anything. Now that you know there is a baby living in your shed, I feel you are obligated to act.
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Aaron Flake
Real Estate Agent · Mukilteo, WA · Member since 2018 · 124 posts · 148 votes
6y
If you want them to stay they need to be on the lease. I would advise you raise their rent as well. Do a thorough background check....You don't want any drug addicts ruining your investment.
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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
6y
@Will Gunn You have to have a lease with them or they are squatters and you may be stuck. If the shed has no services they can't live there and you would not be able to have a lease. Uninhabitable. In that case get them out.
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Account Closed
Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
6y
Originally posted by @Will Gunn:
Good tenant always pays on time. Recently had plumber come out to the property. Plumber told be that the tenants son , his girlfriend and babie who are not on the least are now living in the shed in the backyard. Is this legal? Should I be concerned about them living in a shed?

I can only imagine the legal liability if something should happen ( they bring a propane stove in and it causes a fire and people die) I don't think your insurance would cover it either since you are aware and took no action.

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Tyler Thavong
Member since 2020 · 9 posts · 4 votes
6y
I don't know much about your shed. But make sure you document everything(with photos) and talk about it with the tenant. If worse comes to worse, in which they stay forever. Have photos and documents on what happened in order to protect yourself in court. Even now, write down the date you found this out. Lastly you might be able to lock them out from the shed. As it's a shed shed. There may be liability issues, so do partake with caution.
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Marian Smith
Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
6y
I would think the only obligation might be, again might be, talking to child welfare. If they indeed sleep in an unheated shed. Maybe they’d qualify for some sort of housing help with the child.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
@Will Gunn Yes you can get in trouble with the city if they find out not to mention a shed is not a suitable place for anyone to live, let alone a baby.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y
It is not legal to live in a shed. I would notify the Tenant that you are aware of what's going on and demand the unauthorized people vacate the property immediately, subject to your inspection in 24 hours. If they refuse or fail to comply, evict.
I would also consider changing your definition of "good" tenant. A good tenant is more than someone that pays on time. Sometimes, you get tenants that pay on time just to keep you from looking too closely at everything else they are doing wrong. A good tenant doesn't violate the terms of your lease, doesn't add people or pets, doesn't park cars on the lawn, doesn't break their lease early, etc.
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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
6y
Who makes family members and a baby live in a SHED (???)
That's harsh.
3 Reply
Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
6y
Originally posted by @Will Gunn:
@Bjorn Ahlblad
If I let them stay and they continue to live in the shed. Can that have any negative consequences for me or my property? Can they later sue me or can the city fine me?

If you ignore the issue after it is brought to your attention, that can be seen as implied consent. Thus, any negative effects will fall to you as you have "given permission." This is a HUGE liability. Do not let them live in your shed.
1 Reply
Steven Lowe
Real Estate Agent · Scottsdale, AZ · Member since 2019 · 448 posts · 320 votes
6y
Originally posted by @Will Gunn:
Good tenant always pays on time. Recently had plumber come out to the property. Plumber told be that the tenants son , his girlfriend and babie who are not on the least are now living in the shed in the backyard. Is this legal? Should I be concerned about them living in a shed?

I'm not a lawyer so don't take this as bona fide legal advice. It's always a good idea to speak with a lawyer first regarding legal questions.

In my non-lawyer opinion, no, if this is in fact true, it's almost certainly not legal, and you could be in for a lot of potential problems if you don't put a stop to this situation. What happens if a neighbor reports this to the city? What happens if someone in the shed gets hurt? Would your insurance company deny a claim and would they be able to sue you personally?
Now that you are aware of it, if you don't say or do anything you are implying permission. You need to go to the property and verify this information immediately. If it's true, talk to a lawyer about next steps.
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Pat L.
Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
6y
We had it happen once & just got the city code enforcement guys involved to render the humble garage abode condemned for habitation. They showed up with the cops & evicted the squatters so we were off the hook as the bad guys for discreetly reporting it. These kids had an extension cord running from our tenants apartment & were running a torpedo LP gas heater & BBQ inside the garage. They had cajoled their elderly aunt into letting them stay in the garage, and she was definitely glad to see them gone.
I then heard they just moved to a storage shed facility for $90/month to do the same. Apparently they have a substance abuse problem & refuse any help.
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Lisa HallPro Member
Real Estate Broker · Chicago, IL · Member since 2017 · 5 posts · 4 votes
6y
I would definitely move on getting them out of the shed as soon as possible, by any means necessary. Using your local building enforcement authority would be a great place to start. Even without notifying the leased tenant prior, you can use enforcement as the bad guy, if you are concerned about possible retaliation in some capacity which can happen. Not to mention the liability . . . if something hazardous were to happen to these individuals/or the structure as a result of these occupants, your insurance coverage and possibly your lively hood could be impacted.
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
6y
What’s the problem ? I’d Get them to sign a lease then charge 300 bucks a month . I would also charge for a baby deposit those things poop everywhere
1 Reply
Sam Smith
Huntsville, AL · Member since 2017 · 30 posts · 6 votes
6y
Tell us a little more about your shed. Just the act of taking pictures of the shed might scare them off, knowing that you are actively pursuing information.
0 Reply
Steven Lowe
Real Estate Agent · Scottsdale, AZ · Member since 2019 · 448 posts · 320 votes
6y
Originally posted by @Scott Mac:
Who makes family members and a baby live in a SHED (???)
That's harsh.
I laughed when I read this. True.

1 Reply
Charlie Hampton
Contractor · Franklinville, NJ · Member since 2013 · 183 posts · 86 votes
6y
I had a squatter living in a shed on a property a few years ago. Took me a year to get him removed, as he was a professional squatter. Luckily I got wind that he had been arrested for something and I moved quickly to get a writ of possession and move his things out. I have a long thread on the topic here if you're looking for some entertainment.
1 Reply
Russ B.
Investor · Cleveland, OH · Member since 2017 · 319 posts · 330 votes
6y
Reminds me of the guy in Trailer Park Boys..
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James Wise
Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
6y
Originally posted by @Will Gunn:
Good tenant always pays on time. Recently had plumber come out to the property. Plumber told be that the tenants son , his girlfriend and babie who are not on the least are now living in the shed in the backyard. Is this legal? Should I be concerned about them living in a shed?

lol, do you have pictures of this shed? Like what kinda shed are we talking about here? Is there electricity, heat, water etc? Or is it like Bubbles shed in trailer park boys?
2 Reply
Steven Lowe
Real Estate Agent · Scottsdale, AZ · Member since 2019 · 448 posts · 320 votes
6y
Originally posted by @Russ B.:
Reminds me of the guy in Trailer Park Boys..

Bubbles?
0 Reply
James Wise
Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
6y
Originally posted by @Steven Lowe:
Originally posted by @Russ B.:
Reminds me of the guy in Trailer Park Boys..

Bubbles?

Yea dawg
1 Reply
Mary M.
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
6y
I would ask that anyone over 18 fill out an application, then add them to the lease. If the original tenant is a good tenant i would not worry about it and just get them on the lease.
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