Adding a tenant

[Danielle Moser]

I have a tenant who has been an issue from the 2nd week he moved in.  Many of the problems cannot be resolved due to my lease.  I'm a new landlord and have learned a lot for the next time!  However, in the meantime, my question is - if my tenant has a guest past 2 weeks, can I request to add that "guest" to the lease for at least a month-to-month basis while they stay there?  This is now the 3rd "guest" who is staying for well over a visitation period.  Based on his lying history, I'm assuming this newest 'guest' will be here until the end of his lease on September 30th, despite him saying it will be 2-6 weeks.  Unfortunately, I don't have a visitor policy in my lease (again, I've learned a lot from my 'new landlord ignorance') but I want to protect myself.  This is now the 2nd person I would be adding to the lease as he has already had a 'guest' that had been there for 3 months and I finally demanded she sign a lease and fill out an application.  With it being now a 3rd person living there, when I originally signed a lease for just one person, I would like to raise the rent as well for the added wear-and-tear.  Has anyone experienced this, and how did you handle it?  I appreciate any advice.  Thank you!

[Marcia Maynard]

@Danielle Moser, as you noted, the terms of the lease/rental agreement are key. We prefer month-to-month rental agreements so we can efficiently address issues as they arise. 

At some point a guest can become an unauthorized occupant. Unauthorized occupants can easily establish tenancy with or without a written agreement in place. You need to know who is residing at your property and for what period of time.

You are allowing this behavior by not establishing a clear position in the beginning and not addressing it in a timely manner with the original tenant. I would make an appointment to meet with the tenant of record, explain your concerns and your goals. Everything is negotiable. See how cooperative your tenant is. If they are not very cooperative, bear with it until September and don't renew the lease. Either way, keep an eye on the property for lease violations and remind your tenant that he is responsible to make sure his guests follow the property rules.