Tenant Has Extended Guest

[Jackson Poscablo]

I'm located in SeaTac, WA and one of my tenant has had an extended guest. It's been about 3 weeks. For the first 2 weeks, the guest has been here for about 5 days per week. On the 3rd week the guest has been here for 7 days consecutively.

My lease states

"Lessee shall maintain continuous occupancy of the Premises, and not allow the same to remain vacant for
any period in excess of twenty-one days without notifying the Lessor of such vacancy seven days in advance. Lessee shall not allow persons other than those authorized by the Lease to occupy the Premises as guests for periods exceeding seven consecutive days during the term of the Lease for any reason."

Am I allowed to considering the extend stays what are my options. Am I allowed to charge them the flat rate utility fee plus a daily rate?

Thanks in advance.

[Wesley W.]

It sounds like they are breaching your lease, so issue a notice to cure.  Check your local laws to ensure compliance with your jurisdiction. 

You are not allowed to charge them anything that is not disclosed in the lease.  You are allowed to let them stay, but you are willfully ignoring a provision in your lease, which may make the other provisions in your lease appear "up for discussion" by some tenants.  If you are not going to enforce a provision in your lease, take it out.  This is a slippery slope I am not sure you want to go down.  

I personally would not allow this.  I want to know who is living under my roof.  It also opens you up to liability if you are vetting your other residents prior to move-in, but then these "extended guests" are not properly checked.  If they stay too long, they also gain tenants' rights in many jurisdictions.  You don't want to be in a situation where you have to evict someone living in your property, and you don't even know who they are so you cannot properly serve them.

Strive for unemotional, consistent enforcement of your written contract.  You are running a business.

Good luck!