All Forum Posts by: Craig James Conrad

I lease out a place occupied by an unmarried couple and a young child belonging to one of them.  The lease expires in couple months.  They are not getting along and one has told me they plan to leave the relationship.  I'm sure that each one wants to keep the place on renewal though, obviously, not together.  Together, it worked out for me as their combined income allowed them to always make rent.  However, one of them is much more responsible and a much better financial risk (I'll omit details). I would be content to let that one remain by themself, but not the other one by themself.

It will be awkward to tell them that, as they aren't renewing *together*, I am not renewing the lease as it is, but that I am offering it to just one of them.  Anything I need to be particularly cautious of before I communicate this to them?

I rent out a 1BR Mobile Home in which we have two FirstAlert "Smoke and CO" alarms -- one in the living area, one in the bedroom.  Both are on the ceiling.  These are 1.5 years old with new batteries.  When I first bought this place,  was an LP heater in the living area at one time, so the detectors include the CO option.  When in there several months after the tenant moved in, I saw that he had taken the bedroom detector down and removed its batteries.  When I asked about it, he said that it would often alarm when he took a shower.  Assuming the unit might be bad, we swapped the two alarms.  He reported the same behavior (on the unit that was now in the bedroom). 

I figured it must be set off by the humidity of the shower, especially as the bathroom lacked a vent (it is an older mobile home).  So, I installed a powerful bathroom vent in the bathroom ceiling, and reinstalled the alarm.  In the mean time, I removed the LP heater and the leased LP tanks, so there is no more gas used in the place (so the CO part of the alarm shouldn't be an issue) and installed a mini-split heat pump in its place.

I hadn't heard anything from the tenant but, when they moved out last week, I saw that they had again disconnected the alarm in the bedroom. I asked and they said it still would go off for no valid reason.

While prepping the unit for the next tenant, I replaced the batteries and re-installed the alarms. Last evening (while the unit was empty) that alarm started going off and a neighbor called me.  I went in, disabled it, and could find no reason for the alarm.  The unit was about 60 degrees, nothing burning, no odors, no running water to create steam -- nothing.  I brought the alarm to my house and set it in our hallway and it hasn't gone off at all.

What could be causing it to go off (remember that, according to the tenant, another identical unit was also going off when installed in that same bedroom).

Thanks!

Quote from @Bruce Woodruff:

That's what concerns me.  The references say that the government can fuss if you don't let at least two (sometimes three is the minimum) occupants per bedroom.  So, if my 1BR unit requires me to allow up to 3 persons (which would be quite crowded in that little room, but I suppose a couple and their infant could sleep in one bed), in reality I can see a couple with a teenager (3 persons) leasing it and then putting the teenager into the non-BR "bedroom" and I get in trouble for "allowing it".  On the other hand, some of the references say that the laws in some area allow some of the occupants to sleep in the living room, so it would be reasonable to think two adults in the BR and a child or two on the sofa (or crib or rollout) in the living room.  Not the way I'd prefer to live myself, but it might be the only way some people can afford housing.

I'll take your advice, though, and state in the lease that only the designated bedroom is to be used for sleeping quarters.  Some protection, perhaps.

Thank you, once again!

Quote from @Bruce Woodruff:

The answer is - yes, maybe.... Here's an article I found from your state:

https://www.fairhousingnc.org/newsletter/occupancy-policies-...

 Yet another good reference -- thank you!  After reading the two resources, I will definitely only identify this as a 1 bedroom home.

These did raise a couple new questions, though:
1. As this little room doesn't qualify as a bedroom (it has a window, but too small for egress, though there is an exterior door only 8 feet away), is there anything stopping the tenant from putting a bed in there and letting someone sleep there?  I don't *want* anyone to sleep there, but I don't know how I can stop them.
2. In my two-bedroom unit, I have stated it has a max occupancy of 4, not more than 2 being adults.  I certainly can't imagine four adults living in that place, but I am unsure how to interpret some of that reference material -- would it be considered discrimination w.r.t. familial situation?

This is all more confusing and concerning that I'd expected it to be ...

Quote from @Bernard Hicks:

Good day Craig just a friendly share from the NC Realtor.org website...hope it helps!

What is a “Bedroom?” - NC REALTORS®

That was a very useful link, and I really appreciate that you took the time to find it for me!

Thank you to Greg, Bill & Rachel for the good advice!

That's interesting!  I generally do a whole new lease, anyway, as there is almost always some new thing to add or change in the lease.  The current lease has both adults on it, and does make it clear that each is fully liable for the rent (though, in practice, they often give some part separately).  Adding "not valid without all parties" is something I'll think about. Thank you!

Quote from @Greg Scott:

In most states you do not have to provide any reason for a non-renewal.  In fact, you are better off not saying anything.

Note:  Technically everyone could be in a protected class.  Protected class means gender, race, familial status, color, religion, national origin, or disability.  So, if you discriminate against single white males, you have discriminated against a protected class.

Greg, thank you for your very quick response! Yes, you're right on the protected class comment.  Having spent several decades in management in a large company, I know that situations can often be quickly assumed (correctly or incorrectly) to be for such cause, so there is more effort required to justify one's action.  I was just trying to avoid anyone having to address that in responding to my question.

I'll have to see if I can find NC laws on non-renewal for no given reason.  Thanks again!

I have a couple of older Mobile Homes (MH).  The smaller one has an obvious bedroom and another "cove" that is quite small and without a real door.  I spent hours last year trying to find if the MH is officially one or two bedroom, both for advertising it and for setting any limit on the number of occupants.  I called the county, and was told: (a) that "cove" doesn't meet the *current* definition of a bedroom, BUT for older MH, they go by what the manufacturer classified it as when it was sold; (b) the property tax listing for the lot identifies the MH as "personal property", so doesn't identify the number of bedrooms and baths; (c) the septic permit was made for a two bedroom residence.

I have failed in my many attempts to locate any records as to how the manufacturer described this originally.  No luck at all.

When I told the county that I can't find the original number of bedrooms, they wouldn't take a position on whether it is one or two.

Maybe that is all moot to my real question, which is --> As I'd really like to have not more than two persons in this unit, though am willing to have three in the right circumstances, do I have any right to establish a maximum occupancy, such as "not more than two persons" or "not more than three persons and not more than two adults"?

Hi everyone, I'm new to all this, so go easy on me! :)

I lease out a mobile home to a man, his girlfriend and son.  The two adults are on the lease.  The woman is generally more responsible, more consistent income (I know that most of the rest often comes from her), ambitious and does most of what it takes to keep the place looking nice.  If she were not there, I am confident that the unit would be ill-kept, and an eye sore.  There is a possibility that she won't be in the picture when the lease expires in a few months.  If she *is* still to be on the lease, I'll be happy to renew it.  If not ... while the man can likely "qualify" alone on his income at his current job (he's had 4 or 5 jobs this past year or so), I don't really want him there without her.  I know I can get a better tenant and at a higher rent (I had discounted his rent due to his situation at the time).  Do I have to have a reason for not giving him a renewal option?  There are no protected class considerations in this case.