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Updated 12 months ago on . Most recent reply

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Zack Aboona
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Lease Agreement - People Staying that are not listed in the lease

Zack Aboona
Posted

Greeting BP community,

I have a unique scenario, the tenant that is renting from me moved his GF and her son into the condo. Apparently personal issues took place and now the GF kicked the tenant out. She is staying in the condo with her son, and none of their name is on the lease.

The Tenant called me asking for help (the GF aggressive and called the police on him few times) on how to handle this issue, any thoughts or recommendations ? Since my contact / lease is with the son, can I call the police and complain and have the GF and her son out of the condo ?

Thanks in advance for your time and feedback.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Zack Aboona:

This has happened to me more than once.

Your policy should be that nobody occupies the rental unless they are screened, approved, and added to the lease. Unauthorized occupants should be dealt with swiftly and surely to avoid problems like you currently face.

The best solution in this case is to terminate the lease and kick them all out. You don't want to keep a woman that moves in without permission, and you don't want to keep a renter that moves in his unauthorized girlfriend and kid.

I would give the legal tenant a written notice that his lease is terminated. He's already out, so don't let him go back in. I would then serve a written notice to the girlfriend notifying her that she is an unauthorized occupant. Demand that she vacate within X days. If she fails or refuses, start the eviction process.

If rent is paid up and your legal tenant has some belongings in the rental, then I would probably be kind and give all parties until the end of the month to vacate, but I would not negotiate more than that.

  • Nathan Gesner
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