Tenant has a Bad Guest

[Sarah Miller]

Hi BP!  Been awhile since I've posted.  Quick question.  I have a unit with a 40 something mom and her 19 year old son living there as tenants.  The son just called me tonight saying that his mom has been having her boyfriend over quite a bit who is a convicted criminal and also does drugs and he wanted to know what he could do about it if anything, he wanted to kick out his mom because as long as she's there this guy will keep coming around.  Now, the 19 year old makes plenty of money to stay there by himself without his mom's help (makes 3 times rent on his own).  So, my suggestion to him was that if he wanted to actually go through with kicking out his mom, we, as landlords, would release her from the lease and then he would have the place for himself.  I really didn't think there was anything else I could do because he said that the boyfriend has not been staying the night but has been there quite a bit.  This is a multifamily property and I surely do not want a convicted criminal hanging around.  Would there have been a better approach to this situation?  What could I do as a landlord if something like this were to happen again - unwanted frequent guests of a roommate...

[Matt Motil]

How often is the boyfriend there? If he's really there that often, then tell the tenants that the boyfriend needs to be added to the lease. Im assuming you have a written policy that anyone over 18 staying on the property needs to be on the lease and go through the screening processes. 

If they don't agree, then you have the ability to terminate the lease if you can prove that there's any kind of illegal activity or activity contrary to your lease terms. If you can, then you don't even need to go through the formal eviction process if you can spin it that it's putting other tenants in jeopardy. 

Sounds like you might want a good RE attorney on speed dial sooner than later to make sure everything goes as smoothly as possible.