Possible Lease violation but unsure

[Dan Huntzinger]

I currently have a tenant in a year lease agreement, changing to a monthly lease on June 1. One section states that "the number of occupants shall be occupied by no more than 3 persons, 1 adult and 2 children under the age of 18, without written consent of the Lessor. "

She has a new boyfriend, who is not on the lease, who spends an average of 10-12 days a month staying there and is not on the lease. I do not unfortunately have any clause that specifically states Limits on Use and Occupancy (this is my first rental and I need to rewrite a better lease.) 

My question is, is this a violation of the lease or something I can't do anything about as I have no specified number of days on my lease?

Thank you for all the help

[Kevin Sobilo]

@Dan Huntzinger, that is a difficult issue to police.

You have to check your state's laws, but yes that is likely beyond the point where a guest can become a legal occupant of the unit. So, if you ever evict you will want to include verbiage like "and all other occupants" to include any guests turned legal occupants like that.

From a practical standpoint, is it affecting you as a landlord? For example are utilities like water included where this extra person is costing you some $$$ each month? If not, then I'm not even sure this is something you would want to try to actively police.

You might choose to add a specific limit within your lease just to make it clear what the expectation is, but again its very hard to police something like this and of limited value as long as the rest of the tenancy arrangement is going ok.