Unregistered Occupant Solutions

[Mike S.]

Current Situation
I have had an excellent tenant that started at my property in January 2020 and never missed a payment through the pandemic and generally has been great. In the past month or so, her new boyfriend has been staying at the property more and more and is likely pretty close to living there full time. Her current lease ends at the end of March 2022.

Lease Language
My lease states the following related to the subject: No more than 3 persons may reside on the Premises, unless the prior written consent of the Landlord is obtained. Guests of the Tenant(s) are allowed for periods not lasting for more than 48 hours, unless otherwise approved by the Landlord in writing.

Note: The 3 persons registered are the tenant and her two children.

Questions:

- Especially with her being so close to the end of the lease, and the fact that she's a quality tenant, I'm not looking to upset the apple cart and evict for this. However, since I have a monthly average in place for utilities, it's adding to the bill (plus I believe he was there by himself the other day doing laundry). Any suggestions for how to approach this situation?

- Hindsight is that the consequences of this are not clear in the lease. Anyone have an example of what they've put in their agreement for this situation?

[Nathan Gesner]

Even though her lease ends in three months, the additional occupant is costing you money. I would remind her of the rule and ask her to either observe the rule or pay an additional $XX to cover the extra utility cost. It would help your case if you could show the bills and increased use.

In the future, you should also consider two changes to your utility policy:

1. Increase the charge 15%. If the monthly average is $100, charge them $115 to cover excess use variations. This is still cheaper than the tenant setting up their own account (deposits) or paying all the base fees that make up the bulk of each bill; and

2. Consider setting a hard limit to what is included. Example: rent includes up to $115 in utility use. Excess use due to running toilets, guests, or other causes outside of Landlord's control will be billed to the tenant with payment expected within 15 days of notice given.