Unauthorized occupant

[Wesley W.]

Hi folks,

Okay, I'm pretty sure my current tenant stays a lot at her boyfriend's place, and has allowed her sister (with two young children in tow) to stay at her place. I was suspicious for weeks, as I had gone about 6 weeks without seeing my tenant's car (I was there daily doing a renovation in another unit) but would quite regularly see her sister coming and going.  My suspicions were elevated when I " a friend of mine" happened to see some mail addressed to the sister being delivered to the unit in question.

I stopped the sister one day and asked her point blank if she was living there now, and she said "no", that she was coming over to "hang out" and check on the place because her sister was staying with her BF.  I didn't mention the mail to her.

I addressed my concerns with the current tenant (whom showed up last week), and she corroborated this story.  I didn't mention the mail to her, either.

 My tenant's lease has a clause forbidding unauthorized occupants for more than 7 consecutive days or 14 total days over the course of the year. 

Here are my questions:

(1)  Is it an urban myth, or is it illegal for me "a friend of mine" to look into a tenant's mailbox as part of an investigation like the one described above?

(2)  Assuming I am correct about the occupant, what the possible consequences for me choosing to ignore this situation? Despite the lease, does she at some point get tenants' rights (I'm thinking something akin to "adverse possession.") or do I have to option to consider her a trespasser if I choose?

At the very least, I am going to give notice to enter and do an inspection in the coming days, just to see what has been going on inside.  

Other facts: current tenant has 2X security deposit down due to unverifiable income, and has been a trouble-free tenant otherwise.  As of this writing, rent has been paid on time since I noticed the shenanigans. (c. early April)

Any tips/advice/feedback is, as always, welcome and appreciated.

[Account Closed]

Originally posted by @Wesley W.:

Hi folks,

Okay, I'm pretty sure my current tenant stays a lot at her boyfriend's place, and has allowed her sister (with two young children in tow) to stay at her place. I was suspicious for weeks, as I had gone about 6 weeks without seeing my tenant's car (I was there daily doing a renovation in another unit) but would quite regularly see her sister coming and going.  My suspicions were elevated when I " a friend of mine" happened to see some mail addressed to the sister being delivered to the unit in question.

I stopped the sister one day and asked her point blank if she was living there now, and she said "no", that she was coming over to "hang out" and check on the place because her sister was staying with her BF.  I didn't mention the mail to her.

I addressed my concerns with the current tenant (whom showed up last week), and she corroborated this story.  I didn't mention the mail to her, either.

 My tenant's lease has a clause forbidding unauthorized occupants for more than 7 consecutive days or 14 total days over the course of the year. 

Here are my questions:

(1)  Is it an urban myth, or is it illegal for me "a friend of mine" to look into a tenant's mailbox as part of an investigation like the one described above?

(2)  Assuming I am correct about the occupant, what the possible consequences for me choosing to ignore this situation? Despite the lease, does she at some point get tenants' rights (I'm thinking something akin to "adverse possession.") or do I have to option to consider her a trespasser if I choose?

At the very least, I am going to give notice to enter and do an inspection in the coming days, just to see what has been going on inside.  

Other facts: current tenant has 2X security deposit down due to unverifiable income, and has been a trouble-free tenant otherwise.  As of this writing, rent has been paid on time since I noticed the shenanigans. (c. early April)

Any tips/advice/feedback is, as always, welcome and appreciated.

 1) It is illegal to look inside her mailbox and snoop.  This would be a violation of her right to privacy and she could sue you for it.  She has a "reasonable expectation of privacy," regarding her landlord's friends opening up her mailbox and snooping through her mail.  If she'd left the mail out in plain view, where you would have been with her permission, then she wouldn't have had a reasonable expectation of privacy.

http://injury.findlaw.com/torts-and-personal-injur...

2) Yes, the sister would establish tenant rights by living there.  You'd have to evict her.  

The good news is, your tenant has obviously breached the agreement regarding how long the sister has been there.

What I'd do, is give your tenant an official notice to cure or quit.  Saying she's in breach of contract for having an unauthorized occupant over the limit allowed, and the occupant must move out within 3 days (or whatever your cure or quit time frame is), or your tenant will be evicted, and her sister will also be named on the eviction.  That having a guest staying in her unit while she is living at her boyfriend's apartment, makes the sister an obvious unauthorized occupant, as opposed to a guest.  

This will also establish that they are not there with your permission.  

I'd start there.  

My father was an investigator, and there is a simple trick you can do to find out someone's address.  If you can find out the sister's last address, what you can do is send her a letter - or even an empty envelope.  Address it to the last address, and write boldly on the front of the letter "Address Correction Requested.  Do Not Forward."  Make sure your return address is on the envelope.

What happens is, if there is a forwarding address on file, it will be put onto the envelope with one of those yellow stickers, and it will be sent back to your return address.  This could be used as proof that she is receiving mail at your unit.

https://thedarkpark.wordpress.com/2013/02/19/how-t...