My great tennant of 3 years wants to add there boyfriend to the lease. He completed an application has steady federal income from disability but credit history is no good. Multiple defaults in credit accounts that would not make them a qualified tennant. I asked for further references and any proof that defaulted loans were not in collections and received no response after. Obvious red flag. What concerns or implications are there or what conversation should I have if any with my tennant regarding her boyfriend who is now living with her in the property?
She is in violation of the existing agreement assuming your rental agreement has the proper language. Follow through with a proper notice to cure per local law. There is no reason for a conversation. Otherwise, what happens if he goes all Alpha, and she walks? Then YOU have a real problem.
@Luke Hensel The strongest issue here is not the boyfriend’s disability income; it is that an unapproved occupant appears to be living at the property and has not completed the requested screening documentation. Any decision should be based on the same written criteria used for every applicant, including credit, references, rental history, and ability to meet the lease obligations.
I would have a calm, direct conversation with the tenant: acknowledge her excellent three-year payment history, explain that all adult occupants must be disclosed and approved under the lease, and give a clear deadline for the boyfriend to provide the missing information. Avoid debating individual debts or making assumptions; simply apply the documented screening policy consistently.
Before denying the application or taking action over the occupancy, review the lease and local landlord-tenant and fair-housing requirements. Depending on the rules, possible options may include approval with lawful additional protections, a written occupancy agreement, or notice to cure the unauthorized occupancy. Her track record matters, but it should not require accepting an occupant who fails the established screening standards.
Run him through the exact same screening you'd use for a stranger, no shortcuts because the tenant is great. Her record doesn't transfer to him. I'd require a full application, full credit and background check, and income verification at your standard criteria, and I wouldn't accept partial documentation as a maybe. The fact that he appears to already be living there makes this an unauthorized-occupant situation, so have the conversation in writing: either he completes screening and signs a lease addendum as a legal occupant, or he can't stay there. Most leases already prohibit occupants not on the lease, so you have the contractual standing. Do it kindly but firmly, and quickly. Three years of good tenancy is worth protecting, but that protection comes from keeping the same standards for everyone, not from making an exception for the one tenant you like most.
Three years of on-time payments is worth considering, but it doesn't mean automatically approving another adult on the lease. The unanswered request for additional information is something to follow up on, though I'd be careful not to make the decision based on credit alone without considering the circumstances.
Since he's already living there, I'd start by talking with your tenant about the occupancy requirements and explaining that adding someone to the household still needs to go through the proper approval process. Keep the conversation focused on the lease and consistent screening standards rather than making it about her relationship.
If the BF cannot qualify on their own, perhaps they can get a serious, qualified co-signer to back them up. Otherwise, the existing tenant needs to change boyfriends--or leave. (Not following the existing lease is a big NO-NO.)
Luke, protect the 3-year tenant — she's the asset here. The way you do it is the same written criteria for every adult, no exceptions for anyone's boyfriend.
The framework we use across 236 doors: his disability income counts — steady federal income, and you never discount income by source. What disqualifies him is the rest: multiple defaults, and the non-response when you asked for documentation. That silence IS the answer. A qualified applicant provides what's asked; one who won't is telling you how the tenancy will go.
Two risks you're managing. If he's living there but not on the lease, he's an unauthorized occupant — your lease should already address that. If you add him without him clearing your bar, you've imported default risk into a performing tenancy. If they split and she walks, you're left with a leaseholder who never qualified.
Keep the conversation about the criteria, not about him: 'I want to keep you here. My standards are the same for every adult on every lease, and I can't add someone who doesn't clear them.' Written, kind, final.
Apply it exactly the same to everyone — that's your fair-housing ground.
Thanks for the responses everyone. We are running this potential person through all our normal criteria, credit checks, background income, etc., before permitting them to be added to this lease.
Maybe I'm missing something, but do you have a requirement that every adult living in the property must meet income, employment and credit criteria? If the existing 3-year tenant qualifies, has been a good tenant, and pays on-time, then why would another person need to qualify for the same? Consider these situations...Would you require a minimally functioning mentally handicapped adult living with its qualified parents to meet income, employment and credit criteria or an elderly parent past normal working years?
Definitely address the lease violation as others have suggested, but since your existing tenant already qualifies, why does he need to qualify as a tenant? The boyfriend can just be an occupant, not a tenant.
However, because he is an adult, I would recommend a thorough background check and perhaps an eviction screening.
You need to investigate every adult occupant. That does not mean that all must meet the high bar of gross income or credit score, but you still want to know if they have criminal history, collection items, and contribute in some way to the household. Generally you look at total household income, and some kind of balance to other factors. What happens if the primary person gets hit by a bus? What is your plan for obtaining rent from that point? What will an eviction cost, in time, legal costs, lost rent, utils? Every legal aged person should be fully screened and sign on the rental agreement or an addendum to actually have some skin in the game.