Re: month to month tenant situation - Landlord Forum thread 359757

Re: month to month tenant situation by Garry on September 29, 2019 @12:57

NO, you cannot deduct $200 from the T's deposit. The Sec. Deposit cannot be touched until after the T has moved out. You did not say if the T did actually deduct $200 from the rent, and that you accepted the lower amount of rent. If you did accept the lower amount, then you will just have to eat the $200.

Now, about the extra unauthorized tenant. If your original T has been paying on time, not causing any problems, and keeping your rental in decent shape, just raise the rent by 5%. There is no need to evict someone, as long as they are not causing you problems.

But FIRST, personally go to visit your T, and have the "guest" fill out an application form for you. Then run it, and if everything looks good to your liking, THEN send a letter to both of them, saying you are going to raise the rent by xxx amount on Dec.1, and they both need to sign a new lease with you. Make sure you sign just a M2M lease with them, so you can give them a 30 day notice to move if something in the future doesn't work out. However, if the new "guest" does not check out too well to your liking, then you may want to consider giving your original T a 30 day notice to move.

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