As a landlord, you know it’s best to play by the rules. You take careful steps to screen your tenants and make them accountable for payment of rent, the appropriate treatment of your property, and each of the terms of your lease. So who is the stranger who answers the door when you pay your “by the rules” tenant a maintenence call?
Unauthorized tenants are not as uncommon as we’d like to think. They may be a guest of your authorized tenant who goes from couch surfer to roomate, a new significant other, or a subleaser by handshake. Regardless, they are people who claim your property as a primary residence, and they may care very little about your rules. In the worst situations, they may even see their under the radar status as an opportunity to break your rules…when you don’t have so much as a first name or cell phone number. More often, extra “tenants” cause parking issues, laundry facility headaches, unexpected damage or noise, strain occupancy codes, and may even cost you income. Doesn’t sound quite fair, does it?
How to Avoid Unauthorized Tenancy
As with most unwanted elements of leasing a rental property, head off problems by including an unauthorized tenant clause in your lease. Allow for an appropriate guest period (take into consideration things like helping a relative recover from a medical procedure or a visit from overseas; 7 to 14 days is common with landlord notification for longer periods less than 30 days), then promise a hefty rent increase or termination of lease for those found to be in violation. Be sure to specify that legal costs are the tenant’s responsibility should the matter end up in court.
Make a clear distinction between an unauthorized tenant and a sublease, if you permit them. The big difference in terms of protecting your property and business is paperwork, and making this clear will help your tenants understand that you don’t discourage change, you simply want it done right.
Last, know your property or hire someone who will. Unauthorized tenants aren’t known for making themselves known, and oftentimes it’s for a reason. Knowing your property does not mean knocking on doors every three days to do a head count, but simply being onsite on a regular basis, talking to tenants to ask how things are going, and staying on top of maintenance and repairs. Your legal tenants will be your best source for volunteering information when something is not right. After all, they are playing by the rules and they’re doing the suffering when there is never an empty washer or a free parking space.
What to Do If You Find A Violation
When it comes to unauthorized tenants, it’s generally in everyone’s best interest to solve the situation amicably. It can be difficult to prove unlawful occupancy, and you may even have to subpeona other tenants to verify that they’ve seen the person(s) coming and going at all hours, for long and consecutive periods of time.
First, you can serve your legal tenants a notice of lease violation, and include a rental application (with notice of any new deposit or rent requirements) to be completed by the guest within a period determined by you, anywhere from 24 hours to 7 days. The tone should be firm, but allow them the opportunity to right the situation quickly. Most people keeping this sort of secret will respond when it’s made clear that the jig is up, and your letter will explicitly tell your tenant that you are to recieve the appropriate paperwork or the guest is to vacate. If not, it is appropriate to pass along a notice of intention to vacate and give your tenant (and guest or guests) the chance to get out before things get ugly.
Last Resort: What Happens If They Won’t Leave
If all attempts to restore this particular tenancy to the rules have failed, the steps in a typical legal eviction will apply. If you’ve taken your time and made attempts to come to an agreement, you have plenty of documentation showing that your tenant violated their lease and you offered a remedy with no compliance.
In a perfect world, the situation doesn’t escalate to termination or eviction. Your tenant doesn’t want to lose his or her home over an illegal roomate any more than you want to lose the lease. There are ways to peacefully and profitably reach an agreement, and the best start is to treat the stranger as a new tenant who will play by the rules with a carefully managed second chance.
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