How to catch illegal subletting?

Question

To all you experienced landlords, short of installing cameras, how do you guys catch illegal subletting?  For instance, we've seen some unfamiliar faces in the past on our property, and they always claim that they are a friend of a tenant and just staying for a few days.  We're in a rent controlled city, and it's extremely difficult to evict tenants for subletting unless you have absolute 100% proof.

Marc Winter · Answer

A few suggestions:

If you haven't already, introduce yourself to the neighbors of the property and give them a card/contact info.  Let them know you are concerned about being a good landlord and care about the neighborhood.  Ask them to let you know if there is something out of the ordinary.

Try to find the 'mayor' of the block and talk them up.

Speak to the mail carrier, ask if there are any recent additional residents getting mail.

And definitely post a notice of lease violation--assuming your lease has a 'no additional residents' clause.

Justin Kane · Answer

neighbors and our random welfare checks etc.

Thomas S. · Answer

The best way to deal with suspected sub letting is to serve notice. Informal conversations with tenants if you suspect this is happening 9 times in 10 is a waste of your time. Since they are aware it is a violation of their lease they are not going to admit to it. You do not ask if they are sub letting you accuse them of subletting if that is what you suspect. Official notification to cure or quit will place your tenant in a defensive position and force the situation into the light of day. Nothing resolves issues faster than official notifications.

In the event you are convinced in the end that there is no subletting taking place you simply withdraw the notice and apologise for the misunderstanding.

Bruce Chang · Answer

For a rent control unit, adding their name to the lease would be a huge mistake especially if the rent is extremely below market.  Take a look at NYC, I understand their are businesses built around trying to catch tenants illegally subletting so they could evict them out of their rent control apartments.

Justin Kane · Answer

HA, they need to put a laugh emoji for some of these responses

Bruce Chang · Answer

I'm in tenant friendly California if that makes any difference.

Nathan Gesner · Answer

I'm with Thomas on this one. Send them notice of a lease violation. Require them to cure the violation and submit to an inspection within 72 hours or whatever your law allows. Inspect and verify there are no extra clothes, hygiene products, beds, etc.

In most cases, the tenant will make sure the property is cleaned up and you won't find any violations. As soon as you suspect it again, do it again. If they have extra roommates, they will get tired of having to move in and out and go somewhere else.

Sam Shueh · Answer

If you see people not on the lease and they kept answering doors. You should also add their name on the lease provided you have the parking spaces.

How to catch illegal subletting?

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