Clean, paying early tenant, got a cat, we found e-cigarettes

[Cali Skier]

Preamble:  We don't announce that we are the owners, we don't hide it, but it never comes up.  We have a logo and a company name for all our properties, we look like a business.  We sign the owner line on the lease, but nobody every notices.

We have nice middle class houses we rent. In our nicest house we have Tenants that pay 2 weeks early, been there for about 4 months. They are friendly tenants, They call us immediately when there is a problem, and every time either of us is over there, the house is very clean and there are no odors... They came in with a dog, told us about the dog, paid a deposit and fee for the dog.

We were over there for a problem recently and noticed two things. A cat, and a pack of e-cigarettes on the counter. We have a very hard core policy on smoking / vaping, screen shots below... The cat is not on the lease, and we have strict rules about that.

They indicated that an older child moved in with them temporarily, trying to figure out a housing situation. That child brought the cat. The e-cigarettes, we are not sure if its this child and have not addressed that yet.  

I want to stay professional on this...  e-cigarettes on a counter does not mean they are being used on the property, its assumed though.

I am thinking this is the play... Tell the parrents, that the child needs to be added to the lease, and have that child sign all the same documents, and pay for a deposit and pet fee for the cat.  Once he moves out he can have his cat deposit back if we do not see any damanges or smells.  That's the cat.  

For the e-cigs....With the other documents, new child will sign the no smoking / vaping addendum, that might be a good way to address anything without saying "hey I saw a pack of e-ciggeretts on the counter".  Treating this child like we treat everyone, as we hand the document to sign: "And this is the no smoking addendum, just be aware, dont allow anyone on the property to smoke here, inside or outside, its impossible to get the smell out of the house" 

How would you approach this?

[David Bennett]

I think your approach is probably a good one for the adult child.  But how you approach should be based on the provisions of your lease. 

Do you have extended stay and roommate (or additional tenant) provisions in the lease? i.e. does it state that they must be added or get out after a specific period? 

Does your lease require notification and approval for any pet not on the lease? 

Does your lease have the tenant responsible for the actions of guests and are to enforce the provisions of the lease with the guest? 

Stick to the lease and provide the correct notifications.  They may pay on time, but they seem to take liberties with some of the lease.  It does not have to be adversarial, but people can be unreasonable about their family. However, if it is just enforcing the lease, they have little to complain about - they agreed to it already.

[Greg M.]

I am thinking this is the play... sit back and collect the rent two weeks early from the seemingly excellent tenants. 

If when they move out there is cat piss or vape smell, deal with it then. 

[Cali Skier]

Quote from @David Bennett:

I think your approach is probably a good one for the adult child.  But how you approach should be based on the provisions of your lease. 

Do you have extended stay and roommate (or additional tenant) provisions in the lease? i.e. does it state that they must be added or get out after a specific period? 

Does your lease require notification and approval for any pet not on the lease? 

Does your lease have the tenant responsible for the actions of guests and are to enforce the provisions of the lease with the guest? 

Stick to the lease and provide the correct notifications.  They may pay on time, but they seem to take liberties with some of the lease.  It does not have to be adversarial, but people can be unreasonable about their family. However, if it is just enforcing the lease, they have little to complain about - they agreed to it already.

 Extended stay, yes.  14 days..  

Approval for extra pets, yes: 

I have multiple statements about "and damages by guests, XYZ caused by guests, performed by guests, etc."  

I think I have everything on paper.  I struggle with frustrating them when they are so very good, they are planting gardens in the front yard.  It was a very nice house and they are absolutly keeping it that way if not making it better.   We have a double deposit already... We need to think about this... 

[Cali Skier]

Quote from @Greg M.:

I am thinking this is the play... sit back and collect the rent two weeks early from the seemingly excellent tenants. 

If when they move out there is cat piss or vape smell, deal with it then. 

 I have double deposit, and I kinda doubt they will have cat piss... Its easier to do it like you say, look the other way and hope... but it may be better since they are great tennants. 

[David Bennett]

It is fine to take a gentle approach when talking to them, but those provisions are in your lease for a reason. And as far as looking the other way - if things go bad with the child, you have nothing to stand on.  Adding a person to the lease does not mean the rate changes but allows you to screen the person; but they are also adding a pet, which may necessitate more deposit and/or pet rent; the vaping is just a reminder for them to tell the child - NO.  Be polite, be nice, but do not ignore the lease violations.  That is the road to h**l.

[Cali Skier]

Thanks David, agree, will wait until the issue is fixed with the unit, and after laborday weekend work through it.

[Nathan Gesner]

The presence of e-cigarettes is not proof they are being used. You saw nothing and smelled nothing. Leave it alone. As a side note, I would point out that putting extra words in your lease doesn't make better tenants. My no-smoking policy is no more than two sentences.

The unauthorized occupant and cat are issues. I would start with a conversation:

"As a reminder, our policy is that guests can only stay 14 days. Longer than that, he will have to be screened, approved, and added to the lease as a legal occupant. Also, we permitted you to have one dog. That doesn't permit you to add animals or allow guests to bring animals. Since we don't allow cats in our rental, you must remove it from the home and place it with someone else or in a kennel."

[Cali Skier]

Quote from @Nathan Gesner:

The presence of e-cigarettes is not proof they are being used. You saw nothing and smelled nothing. Leave it alone. As a side note, I would point out that putting extra words in your lease doesn't make better tenants. My no-smoking policy is no more than two sentences.

The unauthorized occupant and cat are issues. I would start with a conversation:

"As a reminder, our policy is that guests can only stay 14 days. Longer than that, he will have to be screened, approved, and added to the lease as a legal occupant. Also, we permitted you to have one dog. That doesn't permit you to add animals or allow guests to bring animals. Since we don't allow cats in our rental, you must remove it from the home and place it with someone else or in a kennel."

My wife from Gillette saw your icon photo from across the room and said... "Is that the guy from Cody?"  That just tells you how much you have helped us.  "we love that guy"...

Yeah i was kinda on that page with the e-cigs... I think it would be petty to go there, 24 hours made me realize that.

I have been thinking about the child on the lease... Questions there...  They appear to be 19-23 years old...  What would be my reason to the existing tenants for putting thier live-in child on the lease (cat asside)?  

Sorry, i have been doing this for about 5 years, but never ran into someone bringing in their adult kids in after leasing.

Maybe that's it.  They are an adult, they have to be on the lease like any other adult.  If they have a non-qualifying attribute, like an eviction, how will that play into the lease?

Is that typical, anyone 18 years of age or older regardless if they were a child of the renting parrents, needs to apply?  

Thanks for your reply...

[Nathan Gesner]

Quote from @Cali Skier:

LOL! It's nice to be recognized from somewhere other than the "Wanted" posters.

Every adult should be screened, approved, and added to the lease. Why? Because it's the only way to know who is in your rental and hold them accountable. 

It's pretty low risk with a 20-year-old living with mom and dad for a short time. But what if he has a drug history? What if he's a sex offender? You should know who is living in your property to ensure they are not a danger to the rental, the neighbors, or yourself.

There's also the risk that Tenant A moves in, then later adds Tenant B without adding them to the lease. Then Tenant A moves out, leaving Tenant B in the rental with no knowledge of who they are and no written lease agreement with them.

Best practice is to name every adult on the lease. The only time we make exceptions is if the adult is disabled and incapable of living independently or elderly and being cared for by a relative.

[Cali Skier]

Thank you sir!

[Kevin Schaefer]

Why do you care about vaping? It barely smells when being used and doesn't leave a smell after? That's a weird battle to choose to fight. Even if it was weed (and the way you speak about it I would think it was only tobacco) I can't see the issue. 

[Tony Savage]

Ok, lets stop calling this adult thats living with his parents a child!