Unauthorized Tenant - Hard to Prove?? - Landlord Forum thread 202821

Unauthorized Tenant - Hard to Prove?? by Anonymous (CA) on June 11, 2010 @01:28

I just searched the archives and couldn't find any really good answers to this question. Perhaps there is no good answer, or maybe the answer is obvious. But, I still would appreciate anyone's substantive input - how hard is it to prove that my tenants have an unauthorized roommate? I see him and his car there often. The neighbors tell me he lives there. But my tenants say he does not. They say that he's simply a boyfriend of one of the tenants and he visits often. What do I do? Are there any creative ways to secure evidence that will be sufficient in court to kick them out for a lease violation. And, yes, that's what I'd like to do, but I don't want to spend time and money only to loose an eviction case. Anyone has any wisdom on this one?

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Re: Unauthorized Tenant - Hard to Prove?? by Rita (NM) on June 11, 2010 @09:40	[ Reply ]

Some are looking into the mailbox to see if the person is receiving mail at the address. Others stake the place out and see who comes out in the morning. You can ask the neighbors for the best times. Drive by at 2:00pm in the morning during the week and see what cars are there. When you have enough information, go by and ask to talk to the unauthorized tenant and tell him directly that he can not live there and that his occupancy will lead to an eviction. Do not provide your evidence at that point so he can mount a defense. Just firmly state that he has to move out. If he maintains he is just visiting, explain that he visits too often and is causing a problem.

Re: Unauthorized Tenant - Hard to Prove?? by Larry (MN) on June 11, 2010 @10:13	[ Reply ]

Post a notice to enter 24hrs in advance that you intend to enter for a safety check of every outlet and lighting fixture. Explain that it is required by the insurance. Follow up with a verbal notice. When ask what time you will come, say you are not sure, maybe in the evening. Go when you expect everyone to be gone or at least a reduced occupancy. Look for the unauthorized occupant's clothes in the closet when you look for that stain on the floor you want to repair. If someone is there, ask whose clothes they are. Tell the tenants that the occupant is staying there too often to be considered a visitor and he has to move out or the whole bunch will face an eviction.

Re: Unauthorized Tenant - Hard to Prove?? by A.T.SF (CA) on June 11, 2010 @11:14	[ Reply ]

You do not have to prove anything. Your tenant has to prove that an additional key was not issued to anyone else. The State of California allows you to post a Notice of Unauthorized Occupant. This notification puts your tenant on notice that you have detected someone other than the Lease/ Rental Agreement signer as occupying the residence as a primary residence. Go back over your rental agreement and identify that portion; highlight it, underline it; and attach it with the notice. If you are not in a Rent Control City/County, this would violate the written agreement and you can give your tenant options; Rent Increase of less than 10% to cover additional expenses; 30/60 day notice to vacate; or Just notice of the unauthorized occupant to vacate. If you are in a Rent Control City/County, issue the Notice of Unauthorized Occupant but, you may not raise the rent. You can in-conjunction issue a 6.14 Costa Hawkins Statute Notice that when the original tenant vacates the remaining tenant will be served with a market increase of rent and must file new rent terms. Hope that starts you out. What City and County is this?

Re: Unauthorized Tenant - Hard to Prove??