Unauthorized roommate, lease signing, SSI

Unauthorized roommate, lease signing, SSI by Tabi (West Virginia) on July 3, 2012 @15:07

I'm a very small time LL--my house has three units, one of which I live in. All the tenants are long-term, and were inherited when I bought the home 5 years ago. All are on month-to-month rental agreements.

In April, I gave notice to the tenants living directly above me (a married couple) that I would be raising the rent beginning August 1, and asked that they sign a new 12 month lease. I enclosed the lease for review at that time. I heard nothing in response, but when I asked them directly, they told me verbally that they were "reviewing it," but that they intended to sign the lease.

Fast forward to a few days ago. As it was coming up on July 1, I asked for the signed copy of the lease back. Their response was that they had issues that they wanted to be addressed--two and a half months after I originally gave them the lease. The first issue has to do with the rent due date, which I am fine to be flexible with.

The second, however, is one that I am not sure how to handle. They revealed to me in writing that one of their sisters has been living in the apartment since 12/2011. Now they want to add her to the lease. (I know, it sounds crazy that I would not know this, but both sisters are disabled and rarely leave the apartment.) Their current signed agreement prohibits unauthorized occupants. The rent is below market value, even after the scheduled increase in August. Am I wrong in thinking that with 3 people living up there, the rent should be higher? FYI, I pay the utilities.

About these tenants: they are relatively stable, but they are full of sob stories--they're hurricane Katrina refugees, they're disabled, they've been discriminated against, etc. They also drive me crazy with noise and odd behavior that has generated complaints from neighbors and my other tenant. I overlook these things because I don't particularly want to find new tenants, and I make a fair amount of noise as well (I'm a professional musician). But the cumulative annoyance is becoming overwhelming, and I'm considering whether to take this opportunity to get them out.

Their primary form income is SSI. Are there any issues to consider when terminating a rental agreement with such tenants? Even if they weren't in violation of their rental agreement due to the unauthorized occupant, I believe I'm within my rights to terminate by giving the proper amount of notice. But I fear they may be litigious, and I want to cover my bases.

Any insight would be greatly appreciated. I'm not good at being a confrontational landlord, and I'm not sure it is worth it to get them out or not.

[ Reply ] [ Return to forum ]

Re: Unauthorized roommate, lease signing, SSI by OK-LL on July 3, 2012 @16:27	[ Reply ]

You need only give the proper notice to terminate tenancy IAW your state law (usually 30 days). You need give no reason whatsoever. I, too, have had Katrina refugees as tenants and as a whole, they are a whiney, complaining bunch with terrible manners, plenty of excuses and many unemployed loafting relatives & hangers-on. They feel entitled to their seat on the gravy train and get grumpy when it hits a bump. I see nothing in your post to indicate you would face any type of problem by terminating their tenancy. Good luck and good riddance!

Re: Unauthorized roommate, lease signing, SSI

Re: Unauthorized roommate, lease signing, SSI by Bryan (Ia) on July 3, 2012 @16:30	[ Reply ]

This is not a negotiation. Either they sign the lease, accept the lease terms, or they can leave. Don't fall for any sob stories. As many LLs here will tell you, no good deed goes unpunished.

Re: Unauthorized roommate, lease signing, SSI by MrDan (Georgia) on July 3, 2012 @17:29	[ Reply ]

"They revealed to me in writing that one of their sisters has been living in the apartment since 12/2011. Now they want to add her to the lease. (I know, it sounds crazy that I would not know this, but both sisters are disabled" The letter is a request for accomendation under the Fair Housing Act, that's why it was revealed in writing to you. You will have to beaware that an additional tenant will be looked at favorly under the law, but you can and should increase the rent to accomendate the increased cost of adding an additional tenant since you pay the utilities. Turning down their request to add the sister could have a complaint lodged against you. Do you have an attorney that you can get advise from? Changing the rent due date can be easily accomplished by you in writing. If you can reach an agreement by adding the sister, with an increase in rent, that might be the way to go for now. As to the noise and complaints, just address this with a cure notice.

Re: Unauthorized roommate, lease signing, SSI

Re: Unauthorized roommate, lease signing, SSI by Bunny MAGIC on July 3, 2012 @19:12	[ Reply ]

What accommodations do you think you will be required to make? Since they live above you, do they expect an elevator for the disabled folks? As for SSI, well, it's a steady income stream and if your tenants have been reliable with the rent, it's likely they will continue to be so as their income won't be affected by lay offs, etc. You may want to check and find out what the SSI income is...I think it's around $870.00/month but I'm not sure. Have you made annual inspections? Are they clean people? I'd raise the rent, be cautious about the disabled and accommodation card, enforce the deadline for the signing of the lease, change the date that the rent is due ALTHOUGH SSI CHECKS MUST BE DEPOSITED BY THE THIRD OF EACH MONTH (not sure about holidays that fall on the 3rd of the month) so you know they have their money, and if problems show up, issue a cure or quit. A bird in the hand, y'know.

Re: Unauthorized roommate, lease signing, SSI by Jake on July 3, 2012 @19:39	[ Reply ]

How many bedrooms are in the apartment? If it is a one bedroom, three occupants will be a violation of federal guidlines and perhaps local codes. If this is the case you must defend yourself by denying the extra occupant. And, this would be a good time to terminate the lease. People who are dependant on the goodwill of others should not be whineing about the lease while slipping in an extra occupant to live in your apartment for free. Never allow the tenant to tell you what will happen on your property.

Re: Unauthorized roommate, lease signing, SSI by Anonymous (MA) on July 3, 2012 @21:16	[ Reply ]

I agree with the other posters. You should contact an attorney before you face a discrimination suit. On a separate note: Did you ever think about moving upstairs? Most LL's I know, including myself live on the 2nd floor of a two family home.

Re: Unauthorized roommate, lease signing, SSI

Re: Unauthorized roommate, lease signing, SSI by Tabi (WV) on July 3, 2012 @21:42	[ Reply ]

Thanks to everyone for your responses. I will definitely consult with an attorney before I make any decisions. The accommodations they have requested do not put any particular burden on me. However, I am incensed at how it has all gone down. I feel they waited til they could run down the clock on signing the new lease and force me into giving them what they wanted. They seem self-entitled and have been manipulative in the way they have handled the situation. I'm terrified at this point that I will be stuck with them, when all I want is some quiet, even if if means not having a tenant in that unit.

Re: Unauthorized roommate, lease signing, SSI

Re: Unauthorized roommate, lease signing, SSI by Anonymous on July 4, 2012 @01:26	[ Reply ]

Forget the 12 month lease and put them on a month to month. DOes your current lease address the issue of the lease term being up, and then it becomes a month to month agreement, or some such thing??? In Cali, SSI checks are to be automatically deposited into people's bank accounts by the third of every month. I think this is for all the states in the union, but I could be wrong.

Re: Here is exactly what they sent me by Tabi (WV) on July 4, 2012 @04:22	[ Reply ]

Regarding the sister (names removed): Dear Landlord: Indeed, we are aware of significant increases nationwide; and we realize rising costs would eventually necessitate a rent increase. We are fortunate to be in good standing with an ideal landlord who endeavored to accommodate us in a clean and pleasant rental unit. You were willing to work with us if we were willing to make an effort to work with you. Tenant/landlord reform can begin to change for the better with one person reaching out to make a difference. We appreciate the reasonable notice; and we will comply accordingly. See below conditions and/or adjustments for your review and consideration before we sign and return the Residential Lease Agreement: 5. USE of OCCUPANCY OF PROPERTY: Currently, we have three persons living in Leased Premises�the third person being, "the sister". In early 2011, Sister planned to visit us. She and Current Tenant planned to unify and improve their healthcare and work on various projects pending. However, Sister lost her apartment in Houston�due to failing health. She was worse off than we realize when she transitioned to Morgantown in December 2011. Wendell is undergoing intensive and extensive healthcare at Milan Puskar Healthright Community clinic. Before and after hurricane Katrina, Wendell has been a productive and law-abiding citizen. We are grateful to have been given the challenge and opportunity to help Wendell pick up the pieces and rebuild her new life. Meanwhile, Current Tenant experienced a setback. She may need reconstructive surgery on her ankle�every 18 months�if the cortisone injection doesn�t relieve her chronic pain. The on-going process has been slow; however we remain optimistic. We hope you can extend the courtesy�use of occupancy of property�to Wendell on her road to recovery. We thank you in advance for your cooperation. A 2012 update will be forthcoming detailing Wendell�s on-going progress. During the Dominion Post interview, the reporter requested a follow-up to hear Sister's observations of Morgantown. We hope to acknowledge persons, businesses and agencies that rallied together to assist us in our time of need.

Re: Here is exactly what they sent me

Re: Unauthorized roommate, lease signing, SSI by Micah on July 4, 2012 @06:26	[ Reply ]

I don't know if I missed it or if there even is one. People keep talking about accommodating disabled tenants in this unit. What accommodations under the law have they sought? What fixtures are they looking to have installed to help with the disabilities? Railings? Bars in the bathroom? Ramps? In AZ when we had a lease expiring within 2 months we would send out the renewal letter. This laid out the price if they renewed for a year right then, gave them the option to give notice to move, or go month to month at a greatly increased rental rate. It listed the final dates to respond. The month to month rate increase was automatic after the lease term expired. This usually got people off their asses to respond quickly! There was no sending them the lease. They set up appointments to come down to the office and sign. It takes 10 minutes tops to review the lease with them and sign...