Re: A small Problem or not? - Landlord Forum thread

Re: A small Problem or not? by jannie (IL ) on March 5, 2012 @10:16

I wasn't aware that the son could live there without landlord permission. Shouldn't I have had interviewed him then. My lease has jane & john doe with 0 children and small dog name & described. This son is probably 30 years old. It sounds as if adult children can move in with their parents in the rental and I as a landlord has no say in the matter. That doesn't seem quite right. I was renting to jane & john doe...

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Re: A small Problem or not? by Jake on March 5, 2012 @10:53	[ Reply ]

Go ahead and run them all out at the first opportunity.

Re: A small Problem or not? by Anonymous on March 5, 2012 @11:22	[ Reply ]

A tenant cannot just move in another adult without the landlord's permission whether they are family or not. I would not necessarily run them out. Inform the tenant, that it has come to your attention that a 3rd (adult) person is living in the home and the current lease only allows for Jane and John Doe. Permission, at this time, has not been granted for additional occupants.Any additional adult occupants will have to fill out a rental application/credit/background check and be approved otherwise legal action may be taken to remove the unauthorized individual. If the sign advertising the business is still on the lawn, include that. Basically a cure and quit notice. As for the van, there isn't much you can do. If the van has the painting business named on it, the son may be parking it in front of the street as advertisement if that road receives steady traffic. The only thing really is to report the car to the traffic police that there may be an abandonned vehicle since it has not been moved in month. But, that would be just be petty at this point.

Re: A small Problem or not? by Anna Mouse on March 5, 2012 @11:34	[ Reply ]

You are right, they are violating your lease. Someone can not move other people into your property without your permission. Here is the point though, you can not really evict over this situation. What you could of done or still could do is nicely ask your tenant who they are and require the son to fill out an application with a fee and require that he be put on the lease as well. Like Jake said, what does the house look like? If it is kept in good condition and all else is well like they pay on time then maybe you should let it go. Also if all is well besides this another idea would be to increase their rent with proper notice when it is time to renew. If the house is not well and rent is not paid then at the next opportunity get rid of them. In my SFH, where it is inner city, a sign and a van is not going to matter. In my new neighborhood it would.

Re: A small Problem or not? by jannie (IL) on March 5, 2012 @14:46	[ Reply ]

Anna & Anno. Thanks for the input. The sign was a violation of city code (and, I'm sure it would have been left up if I hadn't said anything to tenant.). I have a plan now, to do the walk through of the rental. I should be able, also, to tell if adult son is actually living there. At the same time I'll mention the van The walk through should tell me a lot.

Re: A small Problem or not? by P-Bone in WNY (NY) on March 5, 2012 @15:45	[ Reply ]

Please research your state and local laws. Each state may be different with regard to family residents. I am confident that in NY there is little you can do with immediately family moves in, unless they violate your lease for unauthorized guests (such as an increase per person living in the unit to cover wear and tear), or they violate HUD housing requirements for the number of occupants per the unit size. That does not mean that as a landlord you don't have the right to at least get information on any adult tenant living in the unit.