New husband not on lease moves into the apartment

New husband not on lease moves into the apartment

Villanova, PA · Member since 2014 · 6 posts · 1 vote

About 6 months ago we purchased a small apartment building. Most of the tenants are great, and we have very few issues. However, there is one tenant we inherited who accounts for 80% of our maintenance calls, most of which we suspect are caused but her two young children. The tenant and her 2 young kids live in a one bedroom apartment and the 3 of them all appear on the lease, which is currently month-to-month with 30 days written notice by either party (landlord or tenant).

We recently learned that the tenant's husband has moved into the apartment and he is not noted on the lease or any other documents. The tenant did not provide any notice that her husband had moved in and all leases state that anyone who is not on the lease is not permitted to stay in the apartment for more than 15 days.

We are sympathetic to fact that this is a family and so we asked the husband to go through the application process. He did complete the application and indicated he had been convicted of a felony, but until we see the background checks, we don't know any further details. Ultimately, we would not agree to have 4 people living in a one bedroom apartment, and we do have stated application requirements for new tenants. Depending on the conviction, we would also possibly decline the application.

So the question is how do we proceed with this tenant? Do we run the application and then send notice that the husband doesn't meet our criteria or do we add him to the lease but raise the rent considerably and hope they move out on their own? Or perhaps there are other options we are not considering? Thanks in advance.

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Investor · Swansea, IL · Member since 2016 · 6 posts · 6 votes
10y

You might check if there is a municipal occupancy code in effect. Many municipalities have restrictions on the number of occupants permitted per bedroom, sometimes varying depending on the size of the bedroom(s). If the property is already maxed out, then Hubby can't move in legally. If they are already problem tenants, then adding a convicted felon into the mix doesn't sound too promising to me. If they are month-to-month tenants, I would probably give them their 30 days notice along with an offer of recommendation (or maybe 60 days notice, just to be generous) and be rid of them.

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  • Investor · Swansea, IL · Member since 2016 · 6 posts · 6 votes
    10y

    You might check if there is a municipal occupancy code in effect. Many municipalities have restrictions on the number of occupants permitted per bedroom, sometimes varying depending on the size of the bedroom(s). If the property is already maxed out, then Hubby can't move in legally. If they are already problem tenants, then adding a convicted felon into the mix doesn't sound too promising to me. If they are month-to-month tenants, I would probably give them their 30 days notice along with an offer of recommendation (or maybe 60 days notice, just to be generous) and be rid of them.

  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    10y

    @Mike G.  Generally occupancy limits apply to hud housing or to care facilities and would not apply to your situation (check with your state law to confirm).  However, your contract probably says something about additional people, marriage, etc. that nullifies the current contract.  

    If I didn't want him in the unit I would simply give the appropriate notice to terminate and move on. While I generally don't give specific details as to why we are terminating (we can give a 20 day no-cause termination), you could let them know that your contract/policy is no more than 2 people per bedroom. Now that the family has grown, it is in their best interest to find a place that will better accommodate them, and unfortunately you don't have another place currently available.

    On the other hand, I have had people who frustrated me, but I knew I was in for a full rehab when they finally moved, so I kept encouraging them to stay (and told the truth to prospective new landlords!) I was going to do the rehab sooner or later, and I might as well keep getting top rent as long as I could without rehabing it!

  • Investor · Colleyville, TX · Member since 2015 · 41 posts · 18 votes
    10y

    Also, as the Landlord you do not have to give a reason for declining the application. Remember to submit the generic letter addressed to the husband just to cover yourself. The Lease Agreement should spell out and be very specific about who is to reside at the property. If you continue to be "very nice" to them, you run the risk of losing your other tenants. 

  • Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
    10y

    Before you take any of this advice, make sure you know your local landlord tenant law. There are areas where you can't deny family moving in, even if they're not on the lease to begin with. 

    You should also look up occupancy limits because those usually override the family thing (can't move 10 people into a 1 bedroom apartment typically)

  • Villanova, PA · Member since 2014 · 6 posts · 1 vote
    10y

    Thanks for all the responses! We are going to run the husband's application and see what comes up. We are leaning towards not renewing the lease, but have some real concerns about property damage and disruption in the building. I'll post updates as we proceed. 

  • Investor · King of Prussia, PA · Member since 2014 · 1k+ posts · 339 votes
    10y

    @Mike G. As @Robert Lindflott mentioned, you can check the local municipal occupancy code and talk to local property management companies. You should definitely run the husband's background and stick to the criteria you have in place. If you don't have one already, you should create one. Lastly, personally I wouldn't let him stay. Nothing personal but if you do let him stay, increase the rent and add the difference on the security deposit. Best of luck!

  • Villanova, PA · Member since 2014 · 6 posts · 1 vote
    10y

    Thanks Ayodeji for the suggestions. We ultimately want them to move out, we just want to make it as smooth as possible. 

  • Investor · Middletown, DE · Member since 2015 · 35 posts · 18 votes
    10y

    Just your friendly neighborhood question here. What is the purpose of have 2 year olds on the lease? I have heard of adding everyone over the age of 18 and possible teenagers, but I have never heard of 2 year olds.

  • Villanova, PA · Member since 2014 · 6 posts · 1 vote
    10y

    @Connor - Good question. We inherited the lease with the 2 years olds on it when we purchased the building. That being said, I think it's a good idea to list everyone regardless of age on the lease to track the number of occupants. 

  • Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes
    10y

    @Connor Swalm

    Because there's usually a section that states the people mentioned on the lease are the only ones to be living there long-term.  So if you have Nancy and her two children, John and Joe on the lease, and then Nancy's estranged lover/baby daddy John Sr. decides to move in you have a grounds for termination.  What's the point of screening and vetting tenants if they can just slip in once their family qualifies?

    Same thing with pets.

  • Investor · Middletown, DE · Member since 2015 · 35 posts · 18 votes
    10y

    @Justin Fox

    @Mike G. Thank you for the clarification

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