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Updated over 9 years ago on . Most recent reply
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Dispute Between 3 Roommates and a Boyfriend
BP, I need your thoughts with an issue.
In short, I have 3 female roommates where one has been there for 3 years (before I owned the place), one has been there for a little more than a year and the third just moved in a couple months ago when a new lease was signed. The tenant that has been there the longest has moved her BF in and upon finding out I confirmed with her that the roommates were fine with him living there, did a background check and pushed to add him to the lease. She did not want to add him to the lease and assumed responsibility for him.
I posted about it here - Tenants Bf has apparently moved in unannounced
There has been a rift between the roommates and now they can't co-exist. I want them to work it out amongst themselves and I'm cautious about saying something that may come back to bite me. They're all exploring their options and have asked me if they can force the BF to move out. The new roommate claims she did not even know the BF would be living there.
Can they mandate that the BF moves out? Should I? What are your thoughts?
Most Popular Reply
![Marcia Maynard's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/168980/1621421013-avatar-marcia.jpg?twic=v1/output=image/cover=128x128&v=2)
You will need to abide by the landlord-tenant laws for your jurisdiction. If the boyfriend has established residency in the eyes of the law, he will have equal rights to tenancy. The problem with roommate situations is that no one person will have more rights, regardless if their names are on the lease/rental agreement once residency is established, and regardless of how long one roommate has been there compared to another.
When we have encountered an incompatible roommate situation, we have made it clear that they will need to work it out amongst themselves. If they won't or can't and there are problems that affect me, the landlord, then I can exercise my right to terminate the rental agreement upon expiration of the lease or with proper notice. If I terminate the rental agreement for cause, or no cause (available in our jurisdiction), or upon lease expiration, then all occupants must move. That is usually enough incentive for the roommates to find a workable solution themselves.
If you had a clause in your rental agreement about unauthorized occupants and the boyfriend moved in without your permission, then you could have effectively addressed it then as a lease violation. By allowing him to remain, you accepted him as a tenant.
If one or more of the women want out, I would negotiate a way to let them out of the lease. I would be inclined to release them without penalty but would make sure my interests are covered by those who remain. However, we use only month-to-month rental agreements, which makes it easier when adjusting the make-up of the household. Good luck!