Hello All, My 1st time posting and it's a doozy. Today I got a message from my tenant's mother who says her daughter (my tenant) allowed her convict BF to move my rent house and now the daughter wants him out. He moved in w/o my permission and now must be unwilling to move out because the mother says "The authorities said you would have to evict the squatter". Haven't had a chance yet to talk to my tenant (the daughter) or her mother. I know I need to find out how long he's been there and I need to understand the circumstances of why the mother reached out to me and not my tenant. This is a new one for me. Never had to evict someone much less someone who is not on the lease. Starting my research now. Any pointers anyone can offer would be greatly appreciated. This is in the state of Texas.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
I don't think your tenant is going to like what you have to do to correct this. The fact is: the boyfriend is not a squatter. He was "invited in" and "moved in" by the tenant. Now the tenant and Mommy Dearest have decided that you need to fix the tenant's bad judgement - not to mention the lease violation. Here's my recommendation:
Send your tenant a Notice To Quit For Reason Other Than Non-Payment of Rent. Advise that she has 5 days (whatever your state provides) to comply with the terms of the lease that states she is the sole occupant. Should she fail to comply, eviction and other remedies will proceed against her including loss of security deposit. While the eviction moratorium prohibits eviction due to non-payment of rent, it does not include lease violations. Now that you know you have an ex-convict residing in your property at the invitation of your tenant, you need to protect yourself from a business and liability standpoint.
Don't allow the tenant and her mother to put this problem on you to resolve. The tenant needs legal counsel. The tenant needs to seek police help. The tenant needs to get a restraining order. You only need to enforce your lease. You're running a business - not a "make him go away" service.
Hope this helps - and I hope even more that the tenant solves HER problem HERSELF.
Rental Property Investor · Edmond, OK · Member since 2017 · 1k+ posts · 1k+ votes
5y
You may have issues trying to evict him because of the eviction moratoriums. Especially since he isn't on the lease. The tenant is the one that is in violation of the lease, not her guest. So that could make things even more sticky. You definitely want to consult an attorney before you start meddling in their drama. You may want to get them both out if she's moving in unauthorized tenants.
Rental Property Investor · Seattle, WA · Member since 2017 · 383 posts · 248 votes
5y
Get with a local real estate attorney who knows the laws and current moratoriums in place in your district. @Cassi Justiz is right - it's your tenant who is in violation of the lease. But you may be able to Tresspass that individual (boyfriend) if she does not want him there. In fact, she may be able to do that. Stay away from moms, talk to the tenant, an attourney and go from there. Best of luck.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
I don't think your tenant is going to like what you have to do to correct this. The fact is: the boyfriend is not a squatter. He was "invited in" and "moved in" by the tenant. Now the tenant and Mommy Dearest have decided that you need to fix the tenant's bad judgement - not to mention the lease violation. Here's my recommendation:
Send your tenant a Notice To Quit For Reason Other Than Non-Payment of Rent. Advise that she has 5 days (whatever your state provides) to comply with the terms of the lease that states she is the sole occupant. Should she fail to comply, eviction and other remedies will proceed against her including loss of security deposit. While the eviction moratorium prohibits eviction due to non-payment of rent, it does not include lease violations. Now that you know you have an ex-convict residing in your property at the invitation of your tenant, you need to protect yourself from a business and liability standpoint.
Don't allow the tenant and her mother to put this problem on you to resolve. The tenant needs legal counsel. The tenant needs to seek police help. The tenant needs to get a restraining order. You only need to enforce your lease. You're running a business - not a "make him go away" service.
Hope this helps - and I hope even more that the tenant solves HER problem HERSELF.
The tenant is the one in violation of the lease agreement for a material breach of contract, by allowing an unauthorized occupant to live in the home. The tenant would be the one being evicted not the boyfriend. (Listed on the judgement, all occupants would be removed)
I would only communicate with your lease signing tenants, not their mothers, brothers, etc.
So, how to resolve.
Call the lease signing tenant. Let them know you are aware of the violation of contract and have a duty to enforce the contract and will be following up with a notice of material breach. Also, let her know that she could seek advice of a lawyer or possibly file for a restraining order.