How to approach Lease Violations--Rookie First Timer Landlord

Investor · Member since 2021 · 58 posts · 19 votes

To clarify my situation, I am in my first year of landlording, househacking a duplex, so I live next door to tenant.

Tenant hasn't even been here a full six months and has broken the lease I feel several ways, but Im not sure how to approach.

1. Smoking excessively: during pre screen tenant stated that they only smoke outside, but now the bedroom smells like an ashtray and they are leaving butts all over the premises.

2. Pets: stated clearly during pre screen that they would not have any pets becuase they didn't want the extra responsibility, but they now have a rabbit.

I first became aware when I was working on the kitchen sink and saw a bag of rabbit food under the sink, and since then have confirmed that they do indeed have one, but they are not aware that I have seen it.

3. Longterm guests: this one doesn't bother me as much but they have a minor that has basically been living there, not so much that I don't like them staying, but I believe she's been doing laundry over there (can't really prove that) and I pay for water/sewer.

I have been taking pictures of all this.

Not sure if I should just go ahead and put a notice to comply in the mailbox or are there other steps I need to take first?

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Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Quote from @Timothy Burns:

You should give them a written warning and a demand that they correct the violations within X days and pass an inspection. If they fail or refuse, you serve them notice of termination and expect them out in 30 days. If they fail or refuse, you evict.

There's much more to it than this, but it's hard to write a step-by-step guide for everything involved. The bottom line: if you have a rule, you need to be prepared to enforce it swiftly and professionally before it gets out of hand.

Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

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Harold Looney
Member since 2023 · 98 posts · 31 votes
3y
Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?
1 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Timothy Burns:

You should give them a written warning and a demand that they correct the violations within X days and pass an inspection. If they fail or refuse, you serve them notice of termination and expect them out in 30 days. If they fail or refuse, you evict.
There's much more to it than this, but it's hard to write a step-by-step guide for everything involved. The bottom line: if you have a rule, you need to be prepared to enforce it swiftly and professionally before it gets out of hand.
Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.
The DIY Landlord Book4.7247 Reviews
Website View Page
4 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.
1 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
When you notice a lease violation, you need to talk to them and give them written warning. then as Nathan said, do an inspection. If they violate the lease again, tell them they had a warning and now they need to move or be evicted.
2 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
Quote from @Timothy Burns:

Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

Did you have permission to enter the premises? Hopefully you gave them 24 hours notice (or whatever is required by the local laws).
3 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Nathan Gesner:

Quote from @Timothy Burns:

You should give them a written warning and a demand that they correct the violations within X days and pass an inspection. If they fail or refuse, you serve them notice of termination and expect them out in 30 days. If they fail or refuse, you evict.
There's much more to it than this, but it's hard to write a step-by-step guide for everything involved. The bottom line: if you have a rule, you need to be prepared to enforce it swiftly and professionally before it gets out of hand.
Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.
so basically a notice to comply.
but if they question me how do I say that I know about the pet?
I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

and my lease doesn't outright say no smoking but I will be changing that before next signing (if they stay).
I have been working on numerous revisions to the lease since they have moved in.

1 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

Did you have permission to enter the premises? Hopefully you gave them 24 hours notice (or whatever is required by the local laws).
First, yes I had notice when I was working on the kitchen sink which is where I saw the rabbit food.

That is really my question, now that I know they have a pet how do I go about entering the unit to confirm its there with their knowledge of me entering so that I can proceed with the discipline?
0 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
Quote from @Timothy Burns:

Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

Did you have permission to enter the premises? Hopefully you gave them 24 hours notice (or whatever is required by the local laws).
First, yes I had notice when I was working on the kitchen sink which is where I saw the rabbit food.

That is really my question, now that I know they have a pet how do I go about entering the unit to confirm its there with their knowledge of me entering so that I can proceed with the discipline?

They knew you were going in and the rabbit was there, so talk to them about it.
0 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

Did you have permission to enter the premises? Hopefully you gave them 24 hours notice (or whatever is required by the local laws).
First, yes I had notice when I was working on the kitchen sink which is where I saw the rabbit food.

That is really my question, now that I know they have a pet how do I go about entering the unit to confirm its there with their knowledge of me entering so that I can proceed with the discipline?

They knew you were going in and the rabbit was there, so talk to them about it.

no, let me clarify.
to their knowledge, all i've seen was a bag of rabbit food.
Is that enough to send a letter or would I have to enter later and see the animal with them present?
Or do I go in for an "inspection" and then send the letter. (but they'll probably hide it from me before I inspect)
0 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
Quote from @Timothy Burns:

Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

Did you have permission to enter the premises? Hopefully you gave them 24 hours notice (or whatever is required by the local laws).
First, yes I had notice when I was working on the kitchen sink which is where I saw the rabbit food.

That is really my question, now that I know they have a pet how do I go about entering the unit to confirm its there with their knowledge of me entering so that I can proceed with the discipline?

They knew you were going in and the rabbit was there, so talk to them about it.

no, let me clarify.
to their knowledge, all i've seen was a bag of rabbit food.
Is that enough to send a letter or would I have to enter later and see the animal with them present?
Or do I go in for an "inspection" and then send the letter. (but they'll probably hide it from me before I inspect)

If the rabbit food was in clear view, ask them about it. Otherwise, do an inspection.
0 Reply
Nick Gober-Keller
Member since 2022 · 31 posts · 36 votes
3y
Congratulations on becoming a landlord! You are embarking on a path that can lead to financial independence, personal growth, and contribution to your community.

I'd like to share a fresh perspective that has guided my successful experience as a landlord. Let's start by viewing tenants as valued customers. Remember, as landlords, we offer a vital service - we provide homes, a place where people's lives unfold. In return, tenants pay our mortgages and help us build wealth. Our dreams of wealth creation are dependent on them.

Imagine any successful business, such as a bustling restaurant. They thrive because they value their customers, offering excellent service that makes patrons feel special. As landlords, we can adopt the same mindset, valuing our tenants and providing exceptional service.

While many landlords might delegate the task to property management companies, which often prioritize cost-cutting and minimal service, I take a different approach. I prioritize my tenants' living experience. In my other venture in the construction/mining business, I've learned the power of simple gestures - a crew lunch, for example, can yield extraordinary returns in morale and productivity. Applying the same principles to landlording has equally rewarding results.

Welcome gifts, Christmas presents, or simply treating tenants' concerns as your own can create a great relationship. I make it a point not to rest until my tenants' issues are resolved - they appreciate this because it is not something they are used to.

Another guiding principle is to only invest in properties that I'd be comfortable living in myself. This approach helps in making sound investment decisions and ensures that you can offer your tenants a quality living experience.

Embracing these principles might shift your approach to being a landlord. While challenging, it's an incredibly rewarding journey you're on. Congratulations once again for taking on the landlord challenge and being part of the enriching BiggerPockets community. Keep going, and remember that your efforts are not just about building wealth, but about providing homes and contributing positively to your community. Your journey as a landlord can be an uplifting one. Keep moving forward!
2 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y

What the H-E-double hockey sticks is this? A ChatGPT response?
Timothy, when you see a problem, you need to address it immediately.
I would talk to them right away. Tell them you noticed the rabbit food and want to confirm they have no pets. Remind them that if they do have a pet, they may face a fine or termination. Talk to them about the smoking. You made the mistake of not putting that in the lease or talking to them about it, but it's fair to tell them now that this is a non-smoking unit. They need to only smoke outside, and they need to clean their butts up.

The DIY Landlord Book4.7247 Reviews
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3 Reply
Nick Gober-Keller
Member since 2022 · 31 posts · 36 votes
3y
I’m trying to help this guy out by giving him some advice. These are lessons I’ve learned as a landlord that have served me well.

it’s probably not a good idea to insult people in a public forum if you want to build a brand and influence people. Especially if you’re a broker.

Quote from @Nathan Gesner:

What the H-E-double hockey sticks is this? A ChatGPT response?
Timothy, when you see a problem, you need to address it immediately.
I would talk to them right away. Tell them you noticed the rabbit food and want to confirm they have no pets. Remind them that if they do have a pet, they may face a fine or termination. Talk to them about the smoking. You made the mistake of not putting that in the lease or talking to them about it, but it's fair to tell them now that this is a non-smoking unit. They need to only smoke outside, and they need to clean their butts up.

1 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
I'm not here to build my brand or my business. I'm here to help other people become successful investors.

I'm also not here to insult anyone. I'm seriously wondering what you were hoping to accomplish because your answer has nothing to do with the topic at hand and looks like something written by AI, not a real person.

The DIY Landlord Book4.7247 Reviews
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3 Reply
Melanie ThomasBusiness Member
Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 490 votes
3y
Hello, I recommend initiating a 'notice to cure' as your first step. If the problems persist, consider moving towards eviction. It's beneficial that you have photographic evidence on hand - this will greatly aid your case. Best of luck in your endeavors, and here's to successful investing.

[email protected]
RentWerx Property Management4.73304 Reviews
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1 Reply
Nick Gober-Keller
Member since 2022 · 31 posts · 36 votes
3y
I'll bet you're a lot of fun at parties.

Quote from @Nathan Gesner:

I'm not here to build my brand or my business. I'm here to help other people become successful investors.

I'm also not here to insult anyone. I'm seriously wondering what you were hoping to accomplish because your answer has nothing to do with the topic at hand and looks like something written by AI, not a real person.

0 Reply
Nick Gober-Keller
Member since 2022 · 31 posts · 36 votes
3y
By the way have you checked your own Yelp reviews? They are absolutely lovely.

Quote from @Nathan Gesner:

I'm not here to build my brand or my business. I'm here to help other people become successful investors.

I'm also not here to insult anyone. I'm seriously wondering what you were hoping to accomplish because your answer has nothing to do with the topic at hand and looks like something written by AI, not a real person.

0 Reply
Chris B.
Chandler, AZ · Member since 2020 · 295 posts · 272 votes
3y
Some good (and bizarre) advice above. First the facts:
1. Does your lease require no smoking? Sounds like no, so they aren't breaking any lease rule. All you can do is talk to them and try to get them to clean up after them self and smoke outside. My lease has a clear provision stating no smoking or vaping of any substance anywhere on the property.
2. Does your lease clearly state no pets? Sounds like it does. Talk with the tenant and get to an agreement you are satisfied with. If no solution, you need evidence. Photos of food and other rabbit accessories and most importantly a photo of the rabbit in the house will be the proof you need if this is to ever go to court. No proof required to have a friendly talk with them though.
3. Long term guests. Is this minor guest a family member? If so, there probably isn't much you can do. As you mentioned you pay utilities, you should have something in the lease for an extra utility charge per person and should follow that. If you don't have that, there may not be much you can do.
From the sound of it, you need a better lease agreement. Seek out a copy of your state's Realtor's lease agreement and start with that. The one I use covers 95% of what I need as-is and then I have an addendum.
1 Reply
Caroline Gerardo
Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
3y
@Nathan Gesner I also thought Bard or ChatGPT

Using automated systems to advertise their brand is probably going to come up more often.

There are threads with answers either off topic or wrong.

@Timothy Burns Do not go into property without notice appropriate to your location.
Talk with tenant today. Call them up and follow up with email and ask them to sign a notice.
1. This is a no smoking unit. When you discard the butts on the ground that is a trash violation.
2. This unit is no pets. Please find a new home for your pet in three days.
The child - not certain what your lease says about visitors. Time for a better lease. Add fines for trash (the butts not picked up) Add cost for guests over a certain number of days Add no smoking and the consequences.
Don't mention the bunny food or your evidence of the smoking. Simple, firm, kind.
1 Reply
Rob Birch
New to Real Estate · ATX/SF · Member since 2018 · 29 posts · 7 votes
3y
@Timothy Burns be firm, follow a checklist and stick to it. I kicked out a drunk tenant because it needed to be done. Smoking isn't that bad since it's not in the lease but be firm and see if you can amend it or amend it when it comes for renewal.
FYI, I have a property management company that does things for my rental and soon to be built duplexes.
0 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Chris B.:

Some good (and bizarre) advice above. First the facts:
1. Does your lease require no smoking? Sounds like no, so they aren't breaking any lease rule. All you can do is talk to them and try to get them to clean up after them self and smoke outside. My lease has a clear provision stating no smoking or vaping of any substance anywhere on the property.
2. Does your lease clearly state no pets? Sounds like it does. Talk with the tenant and get to an agreement you are satisfied with. If no solution, you need evidence. Photos of food and other rabbit accessories and most importantly a photo of the rabbit in the house will be the proof you need if this is to ever go to court. No proof required to have a friendly talk with them though.
3. Long term guests. Is this minor guest a family member? If so, there probably isn't much you can do. As you mentioned you pay utilities, you should have something in the lease for an extra utility charge per person and should follow that. If you don't have that, there may not be much you can do.
From the sound of it, you need a better lease agreement. Seek out a copy of your state's Realtor's lease agreement and start with that. The one I use covers 95% of what I need as-is and then I have an addendum.
As this was my first go round there were many things I didn't think about.
I paid a local lawyer for a basic lease state specific, and have a blank copy of it printed out that I have been taking notes on what things to change on it. Will notify tenant before next signing that it has been modified from original and they NEED to read before signing.

1. No the current lease doesn't say no smoking but I did list it as such in the screening process.
2. Clearly states no pets.
3. Also states clearly no unlisted long term stays and no I am not sure about familial status, but either way the lease clearly only lists 3 people.
4. The extra utility charge for extra guests is something I haven't thought about and will consider.
0 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Theresa Harris:

Quote from @Timothy Burns:

Quote from @Harold Looney:

Timothy Burns - welcome to landlording and house-hacking. The process to evict tenants vary based on location. What is your location?

KCMO.
I didn't think its at the point of eviction yet as Im really just becoming aware and haven't notified yet, but as far as the pet, I went in there over the weekend while they weren't home to do some preventative maintenance to the bathrooms and used that as my opportunity to confirm they had the pet.

Did you have permission to enter the premises? Hopefully you gave them 24 hours notice (or whatever is required by the local laws).
First, yes I had notice when I was working on the kitchen sink which is where I saw the rabbit food.

That is really my question, now that I know they have a pet how do I go about entering the unit to confirm its there with their knowledge of me entering so that I can proceed with the discipline?

They knew you were going in and the rabbit was there, so talk to them about it.

no, let me clarify.
to their knowledge, all i've seen was a bag of rabbit food.
Is that enough to send a letter or would I have to enter later and see the animal with them present?
Or do I go in for an "inspection" and then send the letter. (but they'll probably hide it from me before I inspect)

If the rabbit food was in clear view, ask them about it. Otherwise, do an inspection.

yes, it was, under the kitchen sink which I was there to work on, I took a picture.
1 Reply
Timothy BurnsPro Member
OP
Investor · Member since 2021 · 58 posts · 19 votes
3y
Quote from @Nathan Gesner:

Quote from @Timothy Burns:

You should give them a written warning and a demand that they correct the violations within X days and pass an inspection. If they fail or refuse, you serve them notice of termination and expect them out in 30 days. If they fail or refuse, you evict.
There's much more to it than this, but it's hard to write a step-by-step guide for everything involved. The bottom line: if you have a rule, you need to be prepared to enforce it swiftly and professionally before it gets out of hand.
Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

I assume the California edition clearly states it as such?
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
I don't have the California edition and I don't know California law that well. You'll have to research it yourself to see if my advice complies with law.
The DIY Landlord Book4.7247 Reviews
Website View Page
0 Reply
Chris B.
Chandler, AZ · Member since 2020 · 295 posts · 272 votes
3y
Quote from @Timothy Burns:

Quote from @Chris B.:

Some good (and bizarre) advice above. First the facts:
1. Does your lease require no smoking? Sounds like no, so they aren't breaking any lease rule. All you can do is talk to them and try to get them to clean up after them self and smoke outside. My lease has a clear provision stating no smoking or vaping of any substance anywhere on the property.
2. Does your lease clearly state no pets? Sounds like it does. Talk with the tenant and get to an agreement you are satisfied with. If no solution, you need evidence. Photos of food and other rabbit accessories and most importantly a photo of the rabbit in the house will be the proof you need if this is to ever go to court. No proof required to have a friendly talk with them though.
3. Long term guests. Is this minor guest a family member? If so, there probably isn't much you can do. As you mentioned you pay utilities, you should have something in the lease for an extra utility charge per person and should follow that. If you don't have that, there may not be much you can do.
From the sound of it, you need a better lease agreement. Seek out a copy of your state's Realtor's lease agreement and start with that. The one I use covers 95% of what I need as-is and then I have an addendum.
As this was my first go round there were many things I didn't think about.
I paid a local lawyer for a basic lease state specific, and have a blank copy of it printed out that I have been taking notes on what things to change on it. Will notify tenant before next signing that it has been modified from original and they NEED to read before signing.

1. No the current lease doesn't say no smoking but I did list it as such in the screening process.
2. Clearly states no pets.
3. Also states clearly no unlisted long term stays and no I am not sure about familial status, but either way the lease clearly only lists 3 people.
4. The extra utility charge for extra guests is something I haven't thought about and will consider.

Smoking: In general, a landlord can try to enforce any rule that is or perhaps is not in the signed lease. Hopefully the landlord and tenant come to an agreement. If there is no agreement, you still have options such as no lease renewal at the end of the period, or as you are considering, updating a lease agreement and requiring it be signed before the next term, or someone can file a legal action. In the last case, a judge will likely only consider terms agreed to and signed under the actual lease itself as a primary source to decide upon. Applications and such can be called in as needed and generally can be great supporting evidence, but my personal belief is that a judge is less likely to enforce any rule provided to the tenant in a document outside of the lease.

Regarding pets, the same above applies. If you need to take it to court such as with an eviction assuming the tenant and you don't work it out, the judge is going to want to see the legal process with notices and warnings were followed exactly and also see the rule in the lease which clearly outlines the rule. Also, she will want to see clear evidence that the pet is in the property. A picture of rabbit food may not be sufficient. A picture of the actual pet in a room that is clearly definable as being part of your property is more likely to provide sufficient support. Pictures of the rabbit, food, cage, play items, etc... is best.  Also, if permissible by law, you can record the conversation with the tenant when you discuss the pet and if they admit to it, there is your evidence. One side consent is legal in AZ where for recording conversations. If you are in California, it appears both sides need to give permission. You can get around this by driving to AZ and then making the call. :) perhaps this won't fly in a CA courthouse and this last part is humor and not legal advice.

Regarding leases in general, I like to look through leases to see other's approaches to creating them so I've seen quite a few. My observation is that leases created by attorneys frequently are quite lacking and brief. Maybe these attorneys don't have a lot of experience with rental issues. I'm not sure. And I have no doubt there are some solid leases written by attorneys.  I'd like to suggest the approach of using a lease created by an organization with extensive rental experience and then if you want, have your attorney look over that and give you the green light or suggest improvements. Experience correlates to making sure provisions are included to cover ALL bases.

The reason I mentioned that the minor may be a relative is that there are Fair Housing Act rules that disallow a landlord from discriminating against a family bringing in a minor even after the lease is signed in some situations. It can protect foster children for example also. There are limits and no one over 18 is protected. Being that is appears to be a duplex where you live in one half, it is very possible that the FHA does not apply to you. There are carveouts for landlords in similar situations where it does not apply and there is plenty of information about this online.

Regarding utilities... I have my tenant pay all utilities directly to the utility company. They sign up when they move in and end the service when they leave. I'm not involved. If this is a single family property, you will be well off doing the same. In CA, the only reason you wouldn't do this is if its a MFP with shared meters. I'll assume you only have 1 meter for the property. Consider getting the utilities and meters for the two units separated assuming its financially feasible. Once they are separated, you'll have no more utility headaches. You will be glad you did when that $1500 water bill comes in because a valve in a toilet failed and Lake Shasta went down the drain for a month and the tenant said nothing to you because they don't pay the bill.
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