Re: charging unauthorised tenant. - Landlord Forum thread 349544

Re: charging unauthorised tenant. by Garry on December 4, 2016 @10:23

Unless it was already in your lease that you can charge for bringing in unauthorized people, then, no, you cannot charge a T for that reason. If you were harmed financially, like the T's family or any of their guests did physical damage to your property, then you can charge the T for those damages-----(beyond normal wear and tear, of course) Here's a question for you------If that person is not causing any problems to your property, and by being there, is not going against any city/county/state occupancy rules (such as max of 2 people per bedroom) would you be willing to take an application from that person, run it, and if she passes your requirements, would you put her on the lease, and charge a little higher rent for the unit? That would be a way for you to collect more in rent every month, rather than trying to collect any "fee" for the UT. Just a suggestion.

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Re: charging unauthorised tenant. by Anonymous on December 4, 2016 @11:07	[ Reply ]

I'm not willing to add her to the lease, only considering making an amendment for these 2 months. She is now staying in basement(finished) on blow up mattress. One of the tenants does not want her there (nor do I). Thank you for your suggestion, but I don't for see her moving into bedroom with her grandson(2 person/rm) and the basement is not an in law suite....

Re: charging unauthorised tenant. by Wilt (IL) on December 4, 2016 @11:54	[ Reply ]

Looks like you have to evict the lot of them. You can't pick and choose people when your tenant has "guests" They have to be evicted along with your tenant.

Re: charging unauthorised tenant. by Laura (CT) on December 4, 2016 @12:36	[ Reply ]

I had approached the breach of lease with tenants and gave them time frame to correct. They responded back to me prior to end of time frame, but stated she couldn't move in to new place until after new year. My original question was could I charge her rent for the extended time. I'm not looking to pick and choose, she is not on the lease.

Re: charging unauthorised tenant. by Garry on December 4, 2016 @11:56	[ Reply ]

That's OK if you want her out. But have you read up on your state's LL/T laws to know what to do next if the UT does NOT move out? Are you prepared to go to court to get her out? Do your LL/T laws say you can remove just the UT only, or would you have to evict ALL of your Ts, including the UT? And if you accept ANY money for the extra UT (even for just the 2 months) will that hurt your case to evict her? A judge "could" conclude that if you accepted money for 2 months, why not accept it for 6,12, or even 18 months? Just more things to think about before going into court for a minor lease violation. Most judges around the country do not like to FORCEFULLY REMOVE a person for minor lease violations. A judge will sometimes look for ANY reason in those types of cases to NOT grant you an eviction. So be sure you have an AIR-TIGHT case that completely follows your state's LL/T laws. Of course, if you get lucky, the UT will move out on their own before the need to go to court.

Re: charging unauthorised tenant. by Laura (CT) on December 4, 2016 @12:23	[ Reply ]

Have looked in to laws for my state. I am trying to be patient and do things legally. I want to be strict but fair and not get walked on. Just wondering were I stand when a lease is breached and the guilty people at hand think its no big deal. I'm trying not to go the eviction route if I don't have to, but if push comes to shove I will. I'm trying to be patient and this is a single family,so I'm just not renewing lease when comes due. I have upgrades that I want to do so this will be my opportunity.

Re: charging unauthorised tenant.