Tips for adding authorized occupant

New York, New York
General Landlording & Rental Properties
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Tips for adding authorized occupant

Linda M.
Member since 2024 · 5 posts · 3 votes

Hello everyone - Brand new to landlording, so apologies in advance for the basic questions. I recently secured a tenant for my condo apt. The lease specifies that tenant must notify management and owner of any additional occupantsand that they're subject to board review. Management was really wishy-washy about what that means and basically told me "do whatever you want, the board doesn't really care".

Tenant lease started a few days ago and she has indicated that her boyfriend will be living in the apt effective immediatelly and she'd like an extra set of keys.  My questions are:

1. What paperwork should he complete as an authorized occupant? Management did a background check, and I was going to have him sign the condo house rules. Should he also fill out an application... Or no since he's not a tenant? 


2. Should I make the tenant sign an additional document that spells out she is responsible for her occupant, that they are required to follow all rules otherwise she may be subject to fines, etc?

3. I believe I'm required to give tenant copies of the keys upon request, correct? If they are for the authorized occupant who is responsible for returning them, just the tenant?

3. Is there any reason/benefit to make him a tenant over an authorized occupant?  The latter sounds not only easier but also more straightforward if any issues btwn the two ever arose in the future.

Thanks in advance for any guidance y'all can provide!!

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Sean McKee
Rental Property Investor · Chicago, IL · Member since 2017 · 269 posts · 189 votes
2y
Quote from @Linda M.:

Hello everyone - Brand new to landlording, so apologies in advance for the basic questions. I recently secured a tenant for my condo apt. The lease specifies that tenant must notify management and owner of any additional occupantsand that they're subject to board review. Management was really wishy-washy about what that means and basically told me "do whatever you want, the board doesn't really care".

Tenant lease started a few days ago and she has indicated that her boyfriend will be living in the apt effective immediatelly and she'd like an extra set of keys.  My questions are:

1. What paperwork should he complete as an authorized occupant? Management did a background check, and I was going to have him sign the condo house rules. Should he also fill out an application... Or no since he's not a tenant? 


2. Should I make the tenant sign an additional document that spells out she is responsible for her occupant, that they are required to follow all rules otherwise she may be subject to fines, etc?

3. I believe I'm required to give tenant copies of the keys upon request, correct? If they are for the authorized occupant who is responsible for returning them, just the tenant?

3. Is there any reason/benefit to make him a tenant over an authorized occupant?  The latter sounds not only easier but also more straightforward if any issues btwn the two ever arose in the future.

Thanks in advance for any guidance y'all can provide!!

If he’s moving in and will be living there. Process him like any other applicant. As long as he checks out you can proceed with letting him on the tenancy. I would absolutely make him sign the lease. That way he’s also fully accountable. I personally don’t think the authorized occupant helps you out. They are still on your property regardless of how they turn out.

i have this happen quite a bit. A significant other moves on. They sign the lease. They break up and someone moves off. They are still both responsible and I tell them that. So far it’s worked out.
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  • Sean McKee
    Rental Property Investor · Chicago, IL · Member since 2017 · 269 posts · 189 votes
    2y
    Quote from @Linda M.:

    Hello everyone - Brand new to landlording, so apologies in advance for the basic questions. I recently secured a tenant for my condo apt. The lease specifies that tenant must notify management and owner of any additional occupantsand that they're subject to board review. Management was really wishy-washy about what that means and basically told me "do whatever you want, the board doesn't really care".

    Tenant lease started a few days ago and she has indicated that her boyfriend will be living in the apt effective immediatelly and she'd like an extra set of keys.  My questions are:

    1. What paperwork should he complete as an authorized occupant? Management did a background check, and I was going to have him sign the condo house rules. Should he also fill out an application... Or no since he's not a tenant? 


    2. Should I make the tenant sign an additional document that spells out she is responsible for her occupant, that they are required to follow all rules otherwise she may be subject to fines, etc?

    3. I believe I'm required to give tenant copies of the keys upon request, correct? If they are for the authorized occupant who is responsible for returning them, just the tenant?

    3. Is there any reason/benefit to make him a tenant over an authorized occupant?  The latter sounds not only easier but also more straightforward if any issues btwn the two ever arose in the future.

    Thanks in advance for any guidance y'all can provide!!

    If he’s moving in and will be living there. Process him like any other applicant. As long as he checks out you can proceed with letting him on the tenancy. I would absolutely make him sign the lease. That way he’s also fully accountable. I personally don’t think the authorized occupant helps you out. They are still on your property regardless of how they turn out.

    i have this happen quite a bit. A significant other moves on. They sign the lease. They break up and someone moves off. They are still both responsible and I tell them that. So far it’s worked out.
    3Reply
  • Mohammed Rahman
    Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    2y

    Hey @Linda M.

    Something to note for future, when a tenant signs a lease and then informs you that their partner is moving in - that wasn't just a spur of the moment decision, it was coordinated. 

    As a new landlord, you need to setup habits that will show tenants/vendors/etc. that you have a system in place that will train them to treat you the way you want to be treated. 

    Do you want tenants to willy nilly bring people on/off the lease with no consequences? Didn't think so. 

    Inform your tenant that she is the only person on the lease and ANYONE else 18+ in the premises needs to fill out a rental application and sign an amendment to the lease. 

    This will help you figure out whether or not her partner even has the credit/income to support his portion of the rental payment. 

    1 - Yes make him fill out an application with conducting credit, income, employment check, etc. 

    2 - Yes. Your tenant is the 'co-signer' for her boyfriend. If he skips town or trashes the place, you can hold her liable. 

    3 - If you've already given them a copy of the keys, tell her to make more copies. I would recommend this in a polite but stern way - to show that you aren't here to bend over backwards for them. 

    4 - If he's living in the space, you NEED an amendment to the lease ASAP. Your original lease should state that NO ONE besides your original tenant is allowed to live in the space, if she really wants her boyfriend on the lease make sure the boyfriend goes through the entire application process. 

    Your tenant knew what she was doing by coordinating her approval and then immediately telling you that her boyfriend would be moving in. 

    Be a smarter landlord, avoid any issues down the line by having a process and following it. 

    3Reply
  • Linda M.
    OP
    Member since 2024 · 5 posts · 3 votes
    2y
    Quote from @Mohammed Rahman:

    Hey @Linda M.

    Something to note for future, when a tenant signs a lease and then informs you that their partner is moving in - that wasn't just a spur of the moment decision, it was coordinated. 

    As a new landlord, you need to setup habits that will show tenants/vendors/etc. that you have a system in place that will train them to treat you the way you want to be treated. 

    Do you want tenants to willy nilly bring people on/off the lease with no consequences? Didn't think so. 

    Inform your tenant that she is the only person on the lease and ANYONE else 18+ in the premises needs to fill out a rental application and sign an amendment to the lease. 

    This will help you figure out whether or not her partner even has the credit/income to support his portion of the rental payment. 

    1 - Yes make him fill out an application with conducting credit, income, employment check, etc. 

    2 - Yes. Your tenant is the 'co-signer' for her boyfriend. If he skips town or trashes the place, you can hold her liable. 

    3 - If you've already given them a copy of the keys, tell her to make more copies. I would recommend this in a polite but stern way - to show that you aren't here to bend over backwards for them. 

    4 - If he's living in the space, you NEED an amendment to the lease ASAP. Your original lease should state that NO ONE besides your original tenant is allowed to live in the space, if she really wants her boyfriend on the lease make sure the boyfriend goes through the entire application process. 

    Your tenant knew what she was doing by coordinating her approval and then immediately telling you that her boyfriend would be moving in. 

    Be a smarter landlord, avoid any issues down the line by having a process and following it. 


    Thanks for the advice! I'm on week 1 of being a landlord so it's all a learning process. :)

    I was definitely put off by the request so close to the start of the lease and recognize that it was strategic on their part. I'm fine to have the new tenant go thru the whole applicatiom process, just need to work with management to get all the forms together and then also work with someone on the amended lease. Not sure the attorney I previously worked with is the right fit -- I had flagged my concern about additional occupants and all he did was put additional language in a rider about notifying the landlord. Would you happen to have any referrrals?

    1Reply
  • Linda M.
    OP
    Member since 2024 · 5 posts · 3 votes
    2y
    Quote from @Sean McKee:
    Quote from @Linda M.:

    Hello everyone - Brand new to landlording, so apologies in advance for the basic questions. I recently secured a tenant for my condo apt. The lease specifies that tenant must notify management and owner of any additional occupantsand that they're subject to board review. Management was really wishy-washy about what that means and basically told me "do whatever you want, the board doesn't really care".

    Tenant lease started a few days ago and she has indicated that her boyfriend will be living in the apt effective immediatelly and she'd like an extra set of keys.  My questions are:

    1. What paperwork should he complete as an authorized occupant? Management did a background check, and I was going to have him sign the condo house rules. Should he also fill out an application... Or no since he's not a tenant? 


    2. Should I make the tenant sign an additional document that spells out she is responsible for her occupant, that they are required to follow all rules otherwise she may be subject to fines, etc?

    3. I believe I'm required to give tenant copies of the keys upon request, correct? If they are for the authorized occupant who is responsible for returning them, just the tenant?

    3. Is there any reason/benefit to make him a tenant over an authorized occupant?  The latter sounds not only easier but also more straightforward if any issues btwn the two ever arose in the future.

    Thanks in advance for any guidance y'all can provide!!

    If he’s moving in and will be living there. Process him like any other applicant. As long as he checks out you can proceed with letting him on the tenancy. I would absolutely make him sign the lease. That way he’s also fully accountable. I personally don’t think the authorized occupant helps you out. They are still on your property regardless of how they turn out.

    i have this happen quite a bit. A significant other moves on. They sign the lease. They break up and someone moves off. They are still both responsible and I tell them that. So far it’s worked out.

     Thanks, this was very helpful! I will be having the new tenant go thru the same application process and submit all the info as the original tenant. Leaning towards a lease amendment vs a new lease. If I can't get an attorney to work with me on drafting I'll try to find a suitable template for NY properties online.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    Big red flag!

    Many tenants will apply, get approved, and then move in their friend, boyfriend, or relative that they know wouldn't pass your screening. Don't ever let them add another occupant without completing your application, then add them to the lease so they are 100% responsible for the terms.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    0Reply
  • Mohammed Rahman
    Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    2y
    Quote from @Linda M.:
    Quote from @Mohammed Rahman:

    Hey @Linda M.

    Something to note for future, when a tenant signs a lease and then informs you that their partner is moving in - that wasn't just a spur of the moment decision, it was coordinated. 

    As a new landlord, you need to setup habits that will show tenants/vendors/etc. that you have a system in place that will train them to treat you the way you want to be treated. 

    Do you want tenants to willy nilly bring people on/off the lease with no consequences? Didn't think so. 

    Inform your tenant that she is the only person on the lease and ANYONE else 18+ in the premises needs to fill out a rental application and sign an amendment to the lease. 

    This will help you figure out whether or not her partner even has the credit/income to support his portion of the rental payment. 

    1 - Yes make him fill out an application with conducting credit, income, employment check, etc. 

    2 - Yes. Your tenant is the 'co-signer' for her boyfriend. If he skips town or trashes the place, you can hold her liable. 

    3 - If you've already given them a copy of the keys, tell her to make more copies. I would recommend this in a polite but stern way - to show that you aren't here to bend over backwards for them. 

    4 - If he's living in the space, you NEED an amendment to the lease ASAP. Your original lease should state that NO ONE besides your original tenant is allowed to live in the space, if she really wants her boyfriend on the lease make sure the boyfriend goes through the entire application process. 

    Your tenant knew what she was doing by coordinating her approval and then immediately telling you that her boyfriend would be moving in. 

    Be a smarter landlord, avoid any issues down the line by having a process and following it. 


    Thanks for the advice! I'm on week 1 of being a landlord so it's all a learning process. :)

    I was definitely put off by the request so close to the start of the lease and recognize that it was strategic on their part. I'm fine to have the new tenant go thru the whole applicatiom process, just need to work with management to get all the forms together and then also work with someone on the amended lease. Not sure the attorney I previously worked with is the right fit -- I had flagged my concern about additional occupants and all he did was put additional language in a rider about notifying the landlord. Would you happen to have any referrrals?


     Having language in the rider is ok for additional occupants, that's like having an amendment to a lease (one page amendment that goes in the back of the original lease). 

    If you need a lease template send me a text, happy to forward my version for my tenants. 

    0Reply
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