Kick em out or no???

General Landlording & Rental Properties
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Kick em out or no???

Cory LucasPro Member
Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes

I have a tenant that clearly has a girlfriend residing with him. She paid his rent this month and my property’s address is listed on her check, she’s not on the lease.

Boot them out or try and rectify the situation? Newbie to this, so thank you in advance for your patience on this and feedback

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Account Closed
Rental Property Investor · New Braunfels, TX · Member since 2018 · 141 posts · 103 votes
5y

@Account Closed I would just call him and explain that she needs to be added to the lease. That means she has to pass your rental requirements, criminal background check, 3x salary, > than 600 FICO etc..... If they are paying rent and keeping the place in good shape I wouldn't just kick them out. I want long term renters that never want to leave.

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  • Account Closed
    Rental Property Investor · New Braunfels, TX · Member since 2018 · 141 posts · 103 votes
    5y

    @Account Closed I would just call him and explain that she needs to be added to the lease. That means she has to pass your rental requirements, criminal background check, 3x salary, > than 600 FICO etc..... If they are paying rent and keeping the place in good shape I wouldn't just kick them out. I want long term renters that never want to leave.

    6Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Talk to them and let them know only people who are on the lease can live there.  If she's moving in, then she needs to be screened and the lease redone.

    2Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Mike Kirby good points. My only problem there is I don’t think my actual tenant could potentially do that. He’s an inherited tenant living on a month to month lease. It was my first purchase in the rental arena and I didn’t screen them (like I should have). Hindsight of course, lesson learned

    He’s been “ok” as a tenant, consistently late on payment, causing me to post notice multiple times, but eventually does pay. He doesn’t keep the place very well, just dirty, but overall he doesn’t give me any trouble other than those items. I’m on the fence as to get him out of there or keep tolerating it

    0Reply
  • Corey Frank
    Gillette, WY · Member since 2017 · 149 posts · 68 votes
    5y

    @Cory Lucas that is a tough situation. Keep us posted please!

    1Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Corey Frank will do, he’s tried my patience on dragging payment out til the last day a couple times. I’m sure he’ll push it to the point at some point that he’ll get the boot. I’m just unsure on how to handle this one, I feel like I could make it a breach of contract so I can get him out, but at the same time they’re a paying tenant, sooo...

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  • Account Closed
    Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    5y

    @Cory Lucas

    If he is an inherited tenant on a month to month lease, then it shouldn’t be too hard to just give him notice that you aren’t renewing. Sounds like they aren’t the greatest tenants anyway, and will likely turn into a problem. Better to get ahead of it and deal with on your terms.

    I would get my ducks in a row to turn the apartment so that you can start cleaning and get it listed as soon as they are out. There are better tenants out there.

    2Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Dave E. Yeah I agree, then I’ve had the opposite thought process thrown toward me of if they’re a paying tenant why kick them out? Take the late fee as a bonus if they’re going to pay it

    I’m hesitant too as this will be the first tenant I will have to give the boot. Good tips on doing this and keep from ticking them off to the point they’ll do damage?

    0Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    I would just contact the lease holder and ask them to have her fill out an application and put her on the lease.  

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  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    ok, after reading some of your comments - you need to get over "they dont keep the place very well"   this is actually none of your business. Unless you have specific items in your lease that they need to perform there is nothing you can do about how they keep their home. 

    Also, when you say he pays late what do you mean? and if he is having his GF live there dont you think he is being smart as now he will be able to pay on time? 

    Being a LL is a people/customer service business.  You need to learn how to deal with  people in a way that they want to work with you.  In this case I would just call him and talk to him. Let him know that she needs to fill out and application and be added to the lease. 

    also vacancies are the killer of cash flow. It is always better to keep a tenant than to try to evict one - unless of course you are losing so much money that the vacancy loss is better than what you currently are getting - but this does not seem to be the case in your situation. 

    Also, rent is not "late" until what ever day it is deemed late in the lease - usually the 5th

    finally find your local Rental owners or multi family association and join....  do what ever trainings they have as you need to actually understand the rules of the game you are playing...  otherwise you will stumble around making errors that may one day cost you in a big way.  If they have a LL bootcamp take that class! 

    2Reply
  • Matthew CrivelliBusiness Member
    Lender · MA · Member since 2021 · 1k+ posts · 1k+ votes
    5y

    LOL She went as far as getting new checks with your address? That's classic!

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    1Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y

    @Account Closed thing of it this way, he has been struggling to pay rent and now he has a roommate to help make rent payments. Two people to pay rent and share in utility cost. He shouldn't move unauthorized people into the property, but maybe he didn't know that wasn't allowed. What does the lease say? Personally, I would tell him she needs to be added to the month to month lease. That requires an application and personal information. Get her on the lease and now you will have two people to collect rent from. Keep it month to month, so if they are problematic you can ask them to leave.

    As far as late payments, how late are we talking? Like due on the 1st, grace period to the 5th and pays on the 10th with late fee? Keep in mind over the last year that for much of that time you were prohibited from charging late fees if the property is under a government backed loan program. For example 30 year fixed conforming loan, etc. In other words it is possible you were not even legally allowed to charge a late fee. This was federal, but there are also local rules, so it matters where the property is located.

    I would just be a little cautions and make sure you are following the law before you start kicking tenants out. If that tenant seeks free legal help, this could get worse. What city and state is the property located in?

    3Reply
  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y

    Is this frustrating that the tenant moved his girlfriend in without notifying you, of course but I actually see it as a potential positive.  He can't afford living there by himself and you are one car repair or doctor bill away from rent not coming in.  I get annoyed when I don't get rent on the first but technically it isn't late until the 5th, I have one who is usually towards the later part of the grace period but still in there.  I would just notify them that you are aware of the additional tenant and  have them fill out an application.  I would most likely want it primarily so I have her information and would focus more on criminal/eviction history than I would credit.  2 incomes are better than 1 and it is better to have your option on who you want to sue at the end so I'd just add her and hope this helps with cash flow.  If you are paying any utilities I would also tack on a small increase in rent to make up for it.  When you sign her on do not sign a term lease, keep things month to month so if you need them out it is easier.  

    0Reply
  • Corey Frank
    Gillette, WY · Member since 2017 · 149 posts · 68 votes
    5y
    Originally posted by @Account Closed:

    @Corey Frank will do, he’s tried my patience on dragging payment out til the last day a couple times. I’m sure he’ll push it to the point at some point that he’ll get the boot. I’m just unsure on how to handle this one, I feel like I could make it a breach of contract so I can get him out, but at the same time they’re a paying tenant, sooo...

    That is a really tough one. I heard of someone years ago that had your problem. The outlook that landlord had was they were getting paid late fees every single month. I do not remember what they charged but it was x amount for the first 2 days, with more added on by day 5. After that day 5 the eviction process was started.... (this is only an example as I can not remember the exact amount) But by day 5 it was $30 or $40. The tenet in this case was always the the same amount of days late and would always pay the same, rather large late fee. That landlord either got paid extra income every month or could evict as a breach of contract because of non payment. I am not sure if you are getting late fees or what they are, per your lease agreement. Hope this helps on the late payment side of things. Maybe puts a different outlook on it. 

    1Reply
  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    5y

    @Cory Lucas

    My leases give me the option of declaring the tenant in default when this happens and for other reasons.

    I like girls, my wife was one of those girls, so because she is a pretty good help in things like money, I would hate to say bye bye, just because.

    If you wish to keep things as they are, add her to the lease. Add a deposit for her, as liability for you have changed.

    I would not raise the rent, but she needs some skin in the game if she is to be on the lease.

    If you do nothing, other lease issues may be deemed irrelevant by a judge after moving.

    It's just business. Deposits or not, change the lease and get her to sign as a responsible tenant, at least!

    If things go wrong, you want to be able to recover some losses. It's Business!

    [email protected]
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  • Jake Wosick
    Raleigh, NC · Member since 2021 · 52 posts · 12 votes
    5y

    Hey Corey,


    You are in a tough spot. If they are paying, I would say keep them; however, if the damages to the property are getting out of hand, then the repairs will cost you a lot once they do leave. 

    Is the area you are at easy to find renters? That could determine too if you get rid of them. 

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    Really?  He pays late. He doesn't keep the property up very well. He's a month-to-month tenant that you inherited.  You should be jumping for joy that he has given you the perfect lease violation to kick his butt to the curb and find a new tenant who will pay on time - and maybe even more - and who will be fully willing/able to live to the terms of the lease.

    Consider this "divine intervention" - and send him a Notice To Quit for Non-Payment of Rent.  

    0Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Mary M. Thanks for the feedback

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  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Matthew Crivelli right? I saw that and thought well I guess I can quit questioning whether I’d not she’s actually living there or not

    0Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Joe Splitrock yes I have it in my lease

    “Any change in occupancy will require written consent of the landlord and may be subject to an adjustment in the amount of rent”

    Yes to how you laid it out on late payments

    Roxana, IL

    Thank you for the time and feedback, always appreciate your insight

    0Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Adam Martin great thoughts, much appreciated

    0Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Daniel Smyth excellent points and feedback. Thanks for the help

    0Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Jake Wosick pretty easy to find renters yes. Thanks for taking the time and providing feedback

    0Reply
  • Cory LucasPro Member
    OP
    Rental Property Investor · Brighton, IL · Member since 2019 · 431 posts · 139 votes
    5y

    @Patricia Steiner good points, it’s definitely weighing on my thoughts in regards to my decision

    0Reply
  • Fred Cannon
    Rental Property Investor · St Augustine, FL · Member since 2019 · 264 posts · 279 votes
    5y

    @Cory Lucas. From reading thru a couple of your responses I would try to get him out. Habitual late payers only become problems. Give him a 60 day notice to move. My guess is that he will not pay at all once you do that and then you will need to go thru the eviction process. Do some research on evictions or hire a lawyer. Best to move on from this tenant

    1Reply
  • Quincy Lockett
    South Holland, IL · Member since 2017 · 374 posts · 432 votes
    5y

    @Cory Lucas

    It depends on state law. At least in Illinois you have NO discretion on your tenant moving others in. NONE. Your only recourse is to not renew their lease.

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