Occupancy Exceeded - Landlord Forum thread 361506

Occupancy Exceeded by Jason on August 29, 2021 @06:57

Good morning. I own a 3-unit rental property. The first floor tenant always seems to have several more people than those listed on the lease. Not a big deal---IF they're visiting. However, every time I go there to fix things, those SAME people are there all the time.

My second floor tenant is great, but he recently informed me that there are currently five (5) people in this very, very small unit on the third floor. Only TWO adults are listed on the lease.

If I go straight to the third floor tenants and ask them about it, they will deny it. The third floor (where the 5 people are residing) is causing the building to have a slight odor of marijuana.

I don't have a problem going to the guy and girl directly, but if I do that, they are going to know exactly who told on them. The girl's mother (who also rents from me on the first floor of the very same building) are going to be able to easily figure out who complained.

I don't know what to do at this point other than to send them ALL warning letters about how many people are limited to live or stay there, according to the Borough's Codes.

I emailed the Codes Enforcement Officer at the Borough and am awaiting his response.

I'm running out of options here and they are taking advantage of me. Needless to say, if the girl/guy on the third floor DO get evicted, I can see them moving in with the mom, who resides on the first floor. With that people said, if the third floor tenants get evicted, the first floor tenants ALSO must go.

I'm in this to make money, not friends. All of my tenants are on M2M leases and from a financial standpoint, I'm not going to go broke if I throw out the tenants from Apt 1 & Apt 3.

I've considered a text---but I don't want to go back and forth and listen to their bullshit sob story.

I've considered going to the first floor tenant (third floor tenant's mom)---but I don't think that is the right move due to privacy, legalities, etc.

Another option is a WARNING LETTER to both of these units. Regardless, this NEEDS to stop NOW.

As always, thank you in advance for your tips, recommendations, advice and everything in between.

Jason

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Re: Occupancy Exceeded by Garry on August 29, 2021 @15:22	[ Reply ]

So far, you have only mentioned about 2 problems in your 3-plex. Too many people in 2 of your units, and a smell of marijuana. Are any of them causing damage to your place ? Have all of them paid you rent on time ? Since they are all om M2M leases, yes, you can give them notice to move OR you can increase the rent by $100 per month on both the 1st and 3rd floor renters. Proving too many people in an apartment is very hard to do. And now that MJ laws are being relaxed all over the country, you will probably find it hard to evict them on that code violation, too. So, if rent is paid on time, and no damages are happening, increasing the rent by a large amount, would help you out when they decide to move. That increase will pay for having to repaint the place to get rid of the MJ smell. Don't "dance" around things-----no warning letters or texting. LEGAL notices, sent both regular and certified mail, along with posting of their apartment door, should show them you mean business.

Re: Occupancy Exceeded by Robert on August 29, 2021 @19:50	[ Reply ]

Not sure what state you are in. You might be able to use a Notice to Quit to specify that if they dont stop x behavior they will be evicted. usually you specify that they owe $$ but I think could use to for the lease and/or borough code violation. If you dont see the tenants as good long term prospects I would heavily consider letting them all go and find some good new tenants. I also would not rent multiple units to extended families. Anything important like this always use official communications methods - mailed signed for letters.

Re: Occupancy Exceeded