overnight guest who stays longer and longer and longer...

[Sam Leon]

I have a tenant who occupies a one bedroom apartment.  The lease is in her name and her name only.  It was made very clear in the lease the policy for guest as well as there is only one parking space assigned to her.

In the lease I have this clause:

"Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than 7 nights in any calendar month. Landlord’s written approval is required to allow anyone else to occupy the Premises".

Now the tenant's mom is there a lot.  When I went there to do maintenance like AC filter change, condensate pump cleaning, hot water T&P valve flush etc...the last two months, her mom was there.  Last two times when something went wrong and needed service it was her mom who called me.  I saw her mom going to the laundry room doing washes.  When I asked her mom if she's staying at the apartment, she said no, just helping her daughter out with chores so she's there a lot.  Yet a couple of times I was there early morning and her mom's car was there.  I have seen her mom walked outside the apartment to take out trash int he morning in her PJs.

I mentioned to my tenant that if her mom is staying with her her mom needs to be added to the lease.  The tenant insists that her mom is not staying with her and just comes over a lot to help her with cooking and cleaning.

I believe the reason she doesn't want to add her mom is parking.  I have at this building 4 units and 6 parking spaces.  One space assigned to each unit and 2 guest parking spaces.  It was made very clear that there can be only one assigned space per bedroom and no more.  By claiming her mom being a guest her mom can park her car in the guest space forever,  By including her mom in the lease she now has to find a solution to park 2 cars.

I am absolutely sure her mom sleeps in the unit most days.  I don't know that she sleeps there 7 days a week.  I don't have a way to prove it one way or another.

How would the fellow landlords handle this situation?  There is no parking disputes right now but this could change.  I have had a few occasions where I need to service the place on the weekend and I have no space to park my car due to a real quest and her mom taking up all the guest spaces.