unauthorized person taken over residency in rental condo

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unauthorized person taken over residency in rental condo

KENDRA J.
Minneapolis, MN · Member since 2013 · 32 posts · 9 votes

I have a sticky situation that i need help with. We own a condo in Minnesota that we rented out to a man 5 years ago. He is on a month to month lease. He is married and used this to stay at during the week while he is working in the city . He lives a few hours out of town with his wife on the weekend  I recently became aware that his 24 year old son is living in the condo all the time and he is living with his wife. His son is not on the lease and contacted us to see if he could pay 1/4 of next months rent. We have a no eviction in place here in Minnesota but am wondering how this applies to this person who is living there and not on the lease. I don't want to be taken advantage of but don't want to get in legal trouble. Any help would be appreciated. Thanks!

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Tim SwierczekPro Member
Lender · White Bear Township, MN · Member since 2016 · 1k+ posts · 1k+ votes
6y

@KENDRA J. Contact the tenant on the lease.  Start by being kind but direct with the situation and the consequences for the tenant.  Ask the tenant to pay the difference and to co-sign for the son in the future.  See how that goes and report back.

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    @KENDRA J. The person on the lease is responsible for rent; get after him. Minnesota has an eviction moratorium so you are stuck unfortunately until that ends; whether the son is on the lease or not the sheriff won't come out to remove the occupant. All the best!

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  • Ivan Widman
    Rental Property Investor · Minneapolis, MN · Member since 2015 · 31 posts · 15 votes
    6y

    Have you approached them about the person there? Maybe ask them to sign an amendment to the lease adding that person so you can do a background and credit check. If he checks out, then you'll discuss rent and how you might work out a plan. As of now the dad owes rent. While you can't evict now, you can still build the story to evict later which will be on him.

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  • Tim SwierczekPro Member
    Lender · White Bear Township, MN · Member since 2016 · 1k+ posts · 1k+ votes
    6y

    @KENDRA J. Contact the tenant on the lease.  Start by being kind but direct with the situation and the consequences for the tenant.  Ask the tenant to pay the difference and to co-sign for the son in the future.  See how that goes and report back.

    4Reply
  • Dan Vleck
    Deerwood, MN · Member since 2014 · 184 posts · 122 votes
    6y

    If he’s been renting for 5 years, I wouldn’t get too worked up about it. Have all new adult tenants fill out applications and do an addendum to the rental agreement, assuming the condo is not overcrowded. Then as the virus stuff ends, raise the rent a bit. 

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  • Adam TafelBusiness Member
    Real Estate Agent · St. Paul, MN · Member since 2017 · 586 posts · 399 votes
    6y

    @KENDRA J. - I've been through this one in the past... I would start with a direct phone call to the tenant (father, on the lease). In today's age of texting/emailing, I find that I get the most direct and honest responses over the phone. While a tenant can choose words carefully and strategize over a carefully worded email, catching someone off-guard over the phone will likely get you the truth about the situation. Follow up your correspondence with email, summarize the conversation so it can be documented.

    Based on my experience, fathers who allow their adult children to live in their second homes typically pick up the financial slack when needed. Dad's credit and rental history is on the line, and he'll want to protect it. You want to come from a place of helping/generosity when you reach out (especially considering the current climate). Once you become accusatory or create a you vs. them scenario it's an uphill battle.  If they see you as a friend they're more likely to care about maintaining a relationship (and pay you in a timely fashion). 

    Best of luck! 

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  • KENDRA J.
    OP
    Minneapolis, MN · Member since 2013 · 32 posts · 9 votes
    6y

    Thank you all for your advice and help! Its much appreciated!

    1Reply
  • James Hamling
    Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    6y

    @KENDRA J. I agree with @Adam Tafel 100% with the 1 addition; you say the father is on a month to month, I would be certain to discuss putting a standard term lease together. Being he has been a tenant for 5yrs, and now the situation with son, this should be an easy 2-birds-with-1-lease situation. 

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  • Carmichael Lewis
    Chicago · Member since 2019 · 75 posts · 49 votes
    6y

    All have great answers. Review your lease from 5 years ago, make sure it states: no sub-leasing and noone should occupy dwelling who isn't on the lease without notifying landlord. Definitely explain to lease holder that he could face an eviction because he broke the lease terms.

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