Tenant has 3 extra people in unit - how much do I charge?

Question

My tenant signed a lease stating only 2 will reside in the 2BD/1BA unit and Guests are allowed for only 5 days per month unless they have written permission from the landlord. What do I charge them in the event the extra three people (2 adults, 1 baby) stay for longer than 5 days? Should I cap it at a 30 day stay? What has anyone else done in the past?

Amanda Dehaas · Answer

Awesome thanks! Turns out my tenant's son was evicted (subleasing illegally). I had my tenant sign an addendum to the lease stating that he owed $300 for the extra tenants and stated the date in which they needed to move out by or he would be violating his lease. Thank you for all the input!

Nathan Gesner · Answer

Yes, enforce your lease. If you waiver this requirement, the tenant will soon test you in other areas and you'll have a mess on your hands.

Don't worry about charging extra rent or fees or fines, unless your lease spells them out. Give tenant notice they are in violation of the lease, give them 72 hours to correct and pass an inspection, and then act accordingly.

In the future, you should have financial penalties tied to lease violations. I charge $50 a day for each unauthorized guest. Unauthorized animals are $300 and $50 per day after that. If it's spelled out in advance, it's easier to enforce.

Patricia Steiner · Answer

You have to enforce your lease.  Send a Notice to Quit for Reason Other than Non-Payment of Rent to let them know they have violated the terms of their lease.  Since your lease didn't stipulate that they could stay longer for a fee/additional rent, enforce your lease first - and then find out who and why the guests are there. Are they really guests or are they helping to pay the rent?

Always entertaining, huh?

Theresa Harris · Answer

@Amanda Dehaas  If the lease states a max of 2 people and guests are only allowed for 5 days, send the tenants a notice that they are in violation of the lease. Make sure the wording of the lease is clear on whether or not the 2 people includes guests or if guests are in addition to the 2 people.  With the clause allowing for guests, you've left it open to them having guests for 5 days and you can't charge them extra.