Tenant Violated Lease by Having Boyfriend Move-in; What Can I Do?

Question

I have a 5 unit rental property. The other day, one of my tenants messaged me to say her roommate had let her boyfriend move in. She's upset that he doesn't contribute to bills, rent, or anything. I was unaware because this is an out-of-state property, and their rent was coming in each month. Anyway, the girl proceeded to tell me about her unfortunate living situation. This is a 2 bedroom unit, and she is the 3rd person. So she sleeps on the couch. One of the other roommates also doesn't live there anymore. I told her I would look into what I could do about this, and I noticed the lease does have a section about subletting. It says, "the number or names of the occupants cannot be increased or changed without the prior written consent of the Landlord."

I don't believe I can do anything about her unfortunate living situation. Her roommates seem to be taking advantage of her, but is there anything I can do about that?

They are in violation of the lease for this. I plan to start with a neutral inquiry to all tenants on the lease asking if there's been a change of occupancy and quoting the relevant portion of the lease. I want to protect the reporting tenant's identity.

If they confirm he's living there, I have a few options. I can require that he move out, allow him to apply, be screened and amend the lease to add him to it. (assuming his background check comes back clean).  But, beyond amending the lease to put the boyfriend on there, what else can I do?

Now, if they deny he's living there, and the roommate tells me he's receiving mail at the property, which is objectively evidence of taking up residence somewhere, that's another set of problems. This property is in Ohio, and they have 3 more months on their lease. Is a lease violation like this cause for an eviction notice in Ohio? What sort of actions can I take if they deny he's living there?

Michael Eskenasy · Answer

I’d treat these as two separate issues.

The roommate conflict is probably theirs to work out. The part that belongs to you as the landlord is whether an unauthorized occupant is actually living there in violation of the lease.

I wouldn’t get too deep into trying to prove who is sleeping on the couch or who is paying utilities. I’d document what you’ve been told, follow the notice/cure process required for the property, and keep the communication narrowly focused on occupancy and the lease terms.

If he is actually living there, then you can decide whether you want the violation cured by having him leave or whether you’re willing to consider adding him after whatever screening process you normally use.

The biggest thing I’d avoid is turning this into mediation between the roommates. Enforce the lease consistently and let them sort out the interpersonal side.

Richard F. · Answer

Don't waste time trying to be coy and simply "asking" if there has been a change. You have been given notice of the situation, so send a formal Notice of Violation with the locally required time line to cure or be evicted. Quote the section from the rental agreement that  covers it, as well as your section regarding "guests" limiting stays to usually 2 weeks...hopefully you have included that. Also, include on future agreements, where the tenants are listed, "and no others".

I certainly would not offer to simply accept an application from the new person, given that they displaced another, presumable authorized tenant.

Have the couch surfer document how many days, and if it is sporadic or continuous. One thing you can NOT do, is decide to charge for the "extra" person.

Benjamin Aaker · Answer

I'm not clear on the living situation. This is happening in one unit of the 5? Are the bills getting paid? The new person moved in and took a room and forced the complainant onto the couch? Another roommate left? Who pays the bills and who is on the lease? If they are not dependents and not on the lease you have a trespassing issue which would require the tenant to complain to law enforcement. I'm not thinking wading into the lease violation is the best move at this time. Give her resources for law enforcement.

Dan B. · Answer

This is one unit in the 5 apartment unit. The lease was signed by 3 women: a mother, daughter, and daughter's friend. I guess the daughter and her friend shared a room. But, now that the boyfriend has moved in, the friend is not comfortable sleeping in the same room as the boyfriend. So, she's on the couch now. Also, I find out that the mother has moved out, but hasn't taken her bed and belongings out of her bedroom. She has been sleeping at her mother's for the past month. I'm not sure who pays the bills, but they've been paying their rent to me. The whistle-blowing roommate brought the situation to my attention the other day. I'm not sure if there's anything I can do other than point out the lease violation. The rest seems to be a roommate disagreement that they need to sort out. Am I wrong in this?