Fayetteville, AR · Member since 2015 · 80 posts · 34 votes
The lease is in her name. She got the house on her credit and job. She had her boyfriend added to the lease as a person living on the premises. They broke up and he doesn't want to go. She has tried to find another house to rent in town (there are none) to get away from him. The new lease is still in her name and as requested, I have taken his name off. He is supposed to be out by May 1st. I have spoken with him and given him a letter explaining that she is the lease holder and he is not and that he has to go. Anybody have this happen before? I plan on having the locks changed. And I figure I will have to call the police about him. Any advice?
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
This isn't a new problem but a new lease doesn't cure it; take a look from an avvo post:
"You and your roommate are both able to request that the landlord give you the renewal lease. However, even if you sign the renewal lease and exclude your roommate, your roommate would not be required to voluntarily vacate. A Holdover eviction action would have to be commenced against your roommate and a judgment of possession obtained." (End)
A lesson that landlords and property managers have learned over and over again is that you cannot/should not/never ever involve yourself in the personal problems of tenants or attempt to resolve those for them. It never works.
You may consider letting her break the lease - and assign a move-out date in writing to both of them. Otherwise, an eviction will be needed and it would be one that most likely your tenant would need to pursue.
You're running a business that doesn't include OPP - "other people problems" resolution.
Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
5y
His name was on the lease and then you took it off? I never dealt with something like this, but she invited him to the premises. I wouldn’t get involved in her issue. Let her deal with removing him from her residence that she invited him to. You are taking up the fight for her. I couldn’t get involved every time there is a lover’s spat.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
This isn't a new problem but a new lease doesn't cure it; take a look from an avvo post:
"You and your roommate are both able to request that the landlord give you the renewal lease. However, even if you sign the renewal lease and exclude your roommate, your roommate would not be required to voluntarily vacate. A Holdover eviction action would have to be commenced against your roommate and a judgment of possession obtained." (End)
A lesson that landlords and property managers have learned over and over again is that you cannot/should not/never ever involve yourself in the personal problems of tenants or attempt to resolve those for them. It never works.
You may consider letting her break the lease - and assign a move-out date in writing to both of them. Otherwise, an eviction will be needed and it would be one that most likely your tenant would need to pursue.
You're running a business that doesn't include OPP - "other people problems" resolution.
@Diane Stinebaugh even in Arkansas it is illegal to change the locks on a tenant. Just because he isn't on the lease doesn't mean he is not your tenant. If you do go through with lock changing be prepared to pay your tenant and the police may come to your door.
I've had a few similar cases where tenants move in friends they can't get rid of. As the property owner, I don't believe I have any legal right to get legally involved nor should I have any communication with the persons who are not on the lease. The only thing I get involved with is the persons who sighed the lease and the terms.
When a tenant tells me he or she wants to get rid of someone they moved in I tell that person I cannot get involved. At the same time, I need to review the lease to determine the number of persons allowed in the unit and then I send a letter telling the persons who signed the lease that they are violating the lease terms. My letter (or demand) puts pressure on the pressure on the persons who sighed the lease to get a restraining order or whatever that person needs to get their friend or ex-lover out of the unit.
Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
5y
One of my tenants moved in a few babes who were dealing drugs. The lease was for one man, no one else. I noticed everyone, Jane Does too and started the eviction process. (In this case I also met with the local police and told them what was going on and they hung out by my apartments a lot! ) Everyone left, but the drug selling babes within a day!
You may be better off going through the process to remove everyone, at least in the notice part to scare the 'extra' into leaving. Then you can always not formally file for the tenant you want to keep.
Real Estate Broker · Fayetteville, AR · Member since 2017 · 375 posts · 240 votes
5y
I can reccomend a good attorney. That may need to be the route you go. I would handle it just the same. Our lease clearly states that no guest can stay longer than a certain time frame. So, she would be breaking the lease and responsible for him. If they aren't out already, I would put a thirty day notice on the door to vacate and call an attorney
In my experience, she will need to evict him. If the locks are changed he can call police and they will make you let him back in. The other option is you send her a 7 day to correct notice if her lease does not have him listed but you did add him. If I was her, I would find another place to live; if I were you, I would up his responsibility for the lease by getting all his information...license, credit info, etc...it’s a tough situation but not many easy options.