Rental Property Investor · Northeast (NJ DE, PA) · Member since 2018 · 38 posts · 19 votes
Okay, so I have a great tenant who have paid consecutively for the past 2 years and wants to sign another 2 year lease. However, today she informs me her brother lost her job in December "due to COVID" and has been staying there every other weekend. Yes, this breaches my current lease agreement that states no one can stay more than 14 days within a 12 month period. However, she's really amazing - never been late, takes care of the property and has only called once about something small over the past 2 years.
I looked up the forums and lot said to screen him as usual and add him to the lease. However, my concern is, if she gives me 3 months warning she wants to leave prior to the new lease ends, and he wants to stay but can't afford it, would I have to go through a whole eviction process.
My husband than said, "well, if you never put him on the new lease, he's technically trespassing and needs to go."
I don't want to offend my tenant send from the angels above. However, I don't want to make an idiotic move because this is my first time coming across this situation.
Please help! Any suggestions would be GREATLY appreciated! :-)
Warner Robins, GA · Member since 2016 · 244 posts · 167 votes
5y
I would have him complete the screening process, then add him onto the existing lease as an addendum that all parties sign (including tenant). Make the tenant aware that he can stay, but she is still responsible for the lease and payments. In a way, you are allowing her to sublease. My leases prohibit subleasing, unless the landlord consents. What happens between him and her is irrelevant, as long as she holds true to her end of the lease. I recently did this with a good tenant who found a roommate and wanted to add them halfway through the lease. She has excellent credit and has been great, but the new tenant has terrible credit. However, I let the tenant know this is not a divided lease, or rent by room. ALL parties are responsible for rent, and I only bill through her.
If you take this route and the lease ends in 3 months, his lease is up as well. If he wants to stay, he will have to apply and sign for a new lease.
Warner Robins, GA · Member since 2016 · 244 posts · 167 votes
5y
I would have him complete the screening process, then add him onto the existing lease as an addendum that all parties sign (including tenant). Make the tenant aware that he can stay, but she is still responsible for the lease and payments. In a way, you are allowing her to sublease. My leases prohibit subleasing, unless the landlord consents. What happens between him and her is irrelevant, as long as she holds true to her end of the lease. I recently did this with a good tenant who found a roommate and wanted to add them halfway through the lease. She has excellent credit and has been great, but the new tenant has terrible credit. However, I let the tenant know this is not a divided lease, or rent by room. ALL parties are responsible for rent, and I only bill through her.
If you take this route and the lease ends in 3 months, his lease is up as well. If he wants to stay, he will have to apply and sign for a new lease.
Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
5y
Easiest way to do it is just put him through the screening process like anyone else, then write a new lease. Your husband is right @Erica L.. Make sure the new guy understands that he can't stay any longer than what his sister is willing to commit to. When she goes, he goes. And if he leaves early and she becomes delinquent, he's on the hook too.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
5y
I disagree with @Filipe Pereira: and your husband. The brother can be legally considered a tenant without signing the lease. The person who signed the lease can be liable for all costs associated with getting him out and the lost rent, but that doesn't mean the brother won't be viewed as a tenant by the court and therefore given all protections of a normal tenant.
Just create a new lease covering 2 years + remaining existing amount of current lease with both of them on it. Include clear language that both are responsible for the full rent. That way if the good tenant leaves and the brother doesn't, the good tenant is still on the hook for the rent and can have an eviction against her even if she isn't living there.
Rental Property Investor · Northeast (NJ DE, PA) · Member since 2018 · 38 posts · 19 votes
5y
Thanks for your help, I decided to let her know she was already breaching contract - however, I have no problem adding him to the lease if his background check is good. She can obviously pay the rent on her own. Also, reminding of no subleasing (which is also part of the lease).
For people saying to put him through the screening process, What do you do if he doesn’t pass?
If he doesn't pass the screening process, then sorry, but he can't live there. There are standards that need to be maintained for the safety and comfort of ALL tenants. If he begins living there then that is a lease violation in most cases, at which point the current lessee may be the one to suffer. If they really are a "good" tenant then they won't harbor people who shouldn't be living there.
"Good" tenant means more than just "they pay their rent on time".
Rental Property Investor · Northeast (NJ DE, PA) · Member since 2018 · 38 posts · 19 votes
5y
So he filled out the application. He passed everything (criminal background, eviction history, sex offender search, etc etc). He just isn’t working - and I know she can pay the rent bc she’s been doing it for the past two years.... thanks for everyone’s replies. She’s more than just a “good tenant” bc she pays on time - she takes care of the place like it’s hers, keeps it spotless, and has never bothered me except for once (with a toilet tank leak aka easy fix).
I will add him to the lease and ensure the new lease states all are jointly and severely responsible for rents due. If one or any parties leave, the other will be responsible for the full rent described on the lease agreement.