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Updated over 1 year ago, 03/05/2023

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Jack B.
  • Rental Property Investor
  • Seattle, WA
1,045
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Tenant seems to have immediately moved GF in, despite only him being on lease

Jack B.
  • Rental Property Investor
  • Seattle, WA
Posted

This is a MIL apartment below me, in my house. I prefer not to rent to couples due to the extra traffic, noise, etc. As it stands, she has been here EVERY DAY since he moved in Friday and she appears to work from home. 

It bothers me, and I'm considering telling him I don't like it and giving him notice or asking about it. He is a 21 year old kid that just became a Cop. It's already been an issue because I only have three parking spots and they took up two, and I had to tell them the extra spot is for my guests, they can park down the street. I don't want MY GF walking from down the street to my house while they immediately take up all the parking. 

Ultimately I think he might be a bad fit because he doesn't seem to understand these things, he just moved out of his parents house.

I might just tell him my GF is moving in and have him move out in a couple months, or should I just try to adjust to this as uncomfortable as it makes me? AGAIN, he never made any mention of anyone else moving in with him. I asked about it and he said his GF might be over occasionally but so far she has been here all day every day with him and when he left for work today she stayed behind so I assume she works from home, which I also don't like, having tenants here around the clock. I rent this place out at 50% of market value and prefer people who are more quiet and work a normal office job.

User Stats

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Joel Case
  • Rental Property Investor
  • Ocean Springs, MS
301
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348
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Joel Case
  • Rental Property Investor
  • Ocean Springs, MS
Replied

What does your lease say?

Whatever it says you need to get rid of him as soon as possible legally, within the confines of your lease. 

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Heather Schoeman
  • Rental Property Investor
  • Seattle
10
Votes |
5
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Heather Schoeman
  • Rental Property Investor
  • Seattle
Replied

Hi Jack, Both of the issues you raised, guests and parking spots, should be written into the lease. There is a section that stipulates how many days a non-signer of the lease can occupy the rental property. So, first thing is to check your lease. And if the parking spaces were not specified in the lease, then you will need to add that on future leases. 

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Jack B.
  • Rental Property Investor
  • Seattle, WA
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Jack B.
  • Rental Property Investor
  • Seattle, WA
Replied
Quote from @Heather Schoeman:

Hi Jack, Both of the issues you raised, guests and parking spots, should be written into the lease. There is a section that stipulates how many days a non-signer of the lease can occupy the rental property. So, first thing is to check your lease. And if the parking spaces were not specified in the lease, then you will need to add that on future leases. 


 Yes, this is stipulated in the lease, but you are missing the point. He said his GF would occasionally be over once in a while. She has moved in and been here EVERY DAY and does not leave...

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Jack B.
  • Rental Property Investor
  • Seattle, WA
1,045
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Jack B.
  • Rental Property Investor
  • Seattle, WA
Replied
Quote from @Joel Case:

What does your lease say?

Whatever it says you need to get rid of him as soon as possible legally, within the confines of your lease. 


 So you agree this was dishonest of him and is not a good fit? It just makes me uncomfortable. They are young kids and don't seem to get it or have any respect.

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Jack B.
  • Rental Property Investor
  • Seattle, WA
1,045
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Jack B.
  • Rental Property Investor
  • Seattle, WA
Replied

On the other hand, him coming home in a squad car and his uniform is an excellent crime deterrent....

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Kira Voden
  • New to Real Estate
  • Milwaukee
6
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20
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Kira Voden
  • New to Real Estate
  • Milwaukee
Replied

Tough situation. If you've asked for her to not park in your space and they comply I would just chalk it up to growing pains, they are young. Its only been a week but if you're not comfortable with the GF being there 100% of the time bring it up. If you want to add her to the lease rent goes up. If she's been loud/disrespectful maybe time to part ways. Hope you can figure this out and be back to your ideal living situation soon!

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Joel Case
  • Rental Property Investor
  • Ocean Springs, MS
301
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348
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Joel Case
  • Rental Property Investor
  • Ocean Springs, MS
Replied

What Heather is saying is that a lease usually stipulates that "guests cannot spend more than XX nights in the residence without being considered a tenant at which point they would need to be added to the lease and pass a screening just like any other tenant." Something to that effect, what exactly does your lease say? As far as parking, what does the lease say? If he is in violation of the lease, then what recourse does the lease provide for remedy? You are going to have to abide by the lease.

I do agree that he was dishonest. If the girlfriend is living there, then she needs to fill out an application and pass the same screening as him. But it sounds like he was dishonest. Beyond that you have asked them not to park in your parking spots and they have not listened to you. This is a red flag. You have to handle this immediately but you also have to abide by the contract you signed. Yes, these people seem to suck. But you have to decide how to handle the situation. 

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Henry T.
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Henry T.
Pro Member
Replied

Last fall, the Seattle City Council passed several new bills relating to rental housing, including CB 119606 which limits the rights of rental housing providers to deny roommates added to a current tenancy. The complex ordinance calls for two new sections in Seattle Municipal Code (7.24.031 and 7.24.032) that will go into effect on July 1, 2020.

The new law will require housing providers to accept roommates and “immediate family” as additional occupants on a current rental agreement. In order to receive this protection, tenants must inform the landlord of each additional person’s name within the first 30 days of residing in the home. The Housing provider can still screen incoming occupants using the same criteria as the original tenant, however there are additional protections for those who qualify under a broad definition of “immediate family members”. Due to these extra protections for family members, there are essentially two different sets of rules when a tenant wants to add an additional adult occupant.

Rules For Adding Unrelated Roommates

  • The landlord may deny occupancy to non-family roommates if they do not meet screening criteria.
  • The landlord may require by written notice that non-family roommates become a party to the rental agreement.
  • If the roommate fails to become a party of the rental agreement within 30 days after receipt of notice, they must vacate the unit within 45 days of receiving notice.
  • The landlord must offer the same terms of tenancy to the added non-family roommate if the original tenant vacates before the end of the term if: 1) they resided in the rental unit for at least six consecutive months immediately prior to the tenant’s vacating the unit; and 2) they meet the screening criteria.
  • Henry T.
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    Theresa Harris
    Pro Member
    #3 Managing Your Property Contributor
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    Theresa Harris
    Pro Member
    #3 Managing Your Property Contributor
    Replied

    Tell him he was the only one who signed the lease and his girlfriend can't live there.  If they want a place together, he's welcome to break the lease and find another place better suited to two people.

    Do you cover the utilities as part of the lease?  If so and you want her on the lease, tell them utilities go up as it was based on one person living there.

  • Theresa Harris
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    Greg M.#3 General Landlording & Rental Properties Contributor
    • Rental Property Investor
    • Los Angeles, CA
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    Greg M.#3 General Landlording & Rental Properties Contributor
    • Rental Property Investor
    • Los Angeles, CA
    Replied
    Quote from @Henry T.:

    Last fall, the Seattle City Council passed several new bills relating to rental housing, including CB 119606 which limits the rights of rental housing providers to deny roommates added to a current tenancy. The complex ordinance calls for two new sections in Seattle Municipal Code (7.24.031 and 7.24.032) that will go into effect on July 1, 2020.

    The new law will require housing providers to accept roommates and “immediate family” as additional occupants on a current rental agreement. In order to receive this protection, tenants must inform the landlord of each additional person’s name within the first 30 days of residing in the home. The Housing provider can still screen incoming occupants using the same criteria as the original tenant, however there are additional protections for those who qualify under a broad definition of “immediate family members”. Due to these extra protections for family members, there are essentially two different sets of rules when a tenant wants to add an additional adult occupant.

    Rules For Adding Unrelated Roommates

    • The landlord may deny occupancy to non-family roommates if they do not meet screening criteria.
    • The landlord may require by written notice that non-family roommates become a party to the rental agreement.
    • If the roommate fails to become a party of the rental agreement within 30 days after receipt of notice, they must vacate the unit within 45 days of receiving notice.
    • The landlord must offer the same terms of tenancy to the added non-family roommate if the original tenant vacates before the end of the term if: 1) they resided in the rental unit for at least six consecutive months immediately prior to the tenant’s vacating the unit; and 2) they meet the screening criteria.
    Parts of this don't appear to apply to the OP as he is renting part of the dwelling and living there. Section 7.24.032 Exemption, Part B.

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    Henry T.
    Pro Member
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    Henry T.
    Pro Member
    Replied
    Parts of this don't appear to apply to the OP as he is renting part of the dwelling and living there. Section 7.24.032 Exemption, Part B.
    Yes. (good work Greg) This person  with a MIL/ADU appears exempt.
  • Henry T.
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    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
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    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Quote from @Jack B.:

    Your policy should be that nobody lives in the rental unless they have applied, passed screening, and signed the lease. Period.

    Give the Tenant written notice that he is the only authorized occupant. If he wants to live with her, he needs to terminate your lease and move somewhere else.

    Set policies and stick to them. If you have rules in your lease, know them inside/out and be prepared to enforce them.

    • Nathan Gesner
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    Replied

    @Jack B. This would have been solved by the informal rule: no cops, no lawyers, no paralegals

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    Ned J.
    Pro Member
    • Investor
    • Manteca, CA
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    Ned J.
    Pro Member
    • Investor
    • Manteca, CA
    Replied

    You either abide by your lease or you dont..... if it states who can be living there and how many spaces they get for parking and they are not honoring the lease agreement, then they are in violation of the agreement.... you enforce it or you dont. Your choice.

    Take the emotion out of it..... its not about him lying or it making you uncomfortable by her being there all day. Its a legal agreement and he is violating it.... this is business, not personal. 

  • Ned J.
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    V.G Jason
    Pro Member
    #5 Market Trends & Data Contributor
    • Investor
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    V.G Jason
    Pro Member
    #5 Market Trends & Data Contributor
    • Investor
    Replied

    Just tell him, she needs to be added to the lease. And if she gets approved, the parking situation needs to change.

    Don't see a reason to start a fight. Just tell him what needs to happen, if he doesn't agree then he's free to leave.

  • V.G Jason
  • User Stats

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    Tim J.
    • Investor
    • Vermont and New York
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    Tim J.
    • Investor
    • Vermont and New York
    Replied
    You may need to re-think your house-hacking/apartment lease in your property.  Based on what I perceive to be your town and frustration level you might not have a temperament suited to having tenants in your house.  As much as I liked the idea of buying and living in a duplex-type situation I know that I would have had issues with space/noise/rules.

    My house is my house.  Investment properties are investment properties.  If you get this guy out, there is no guarantee that the next tenants that come along will not somehow irk or annoy you or otherwise make you unhappy with tenants being in your house.  

    If I am misinterpreting the situation my apologies.  But for your own mental health, reconsider the big picture.

    User Stats

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    Brian Hughes
    • Seattle, WA
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    Brian Hughes
    • Seattle, WA
    Replied

    Also,    why rent for 50% of market?    Its not guaranteed to get you a better tenant.   It just means you get less for the hassle and work,    and you run the risk for example of getting rent controlled (HB 1389 in still alive in the 2023 state legislative session)  to that low value.   It can also be a billboard advertising "inexperienced landlord"  which brings all the professional tenants running to you expecting to push your boundaries or worse.

    +1 on all the other thoughts -  parking priveleges needs to be specified in lease.   My opinion on GF's though especially for younger or somewhat irresponsible/inexperienced with living independently male tenants is that they CAN be a stabilizing factor and thus a plus - you might consider insisting she be added to the lease as opposed to never visiting.   That probably also means 2 incomes to support the rent instead of 1.    (Note moving in boyfriends for a single woman is riskier,  e.g. the deadbeat boyfriend problem.   Screen, screen, screen.