Need some experienced help here

[Esther Thomas]

Hi Everyone, I need help, I don't know where to begin with my questions so I'll start with my top  pressing scenarios I need to help resolve. Thanks in advance and feedback is much appreciated! 

Scenario 1: Roommate not on Lease - 

A rental unit where the guy on the lease semi recently acquired a roommate (roommate has a young daughter). The roommate is not on the lease at all. Original lease agreement clearly states no subleasing. Does having a roommate, is that considered subleasing? He collects her rent and pays it together. Besides holding her liable for damages, what other benefit or other reason should I have her officially on the lease as well? If she's on the lease and doesn't pay her half, is he not responsible for the roommates portion? How does it work with two separate adults on a lease for one unit as far as accountability? That was a lot of questions in one :)

Scenario 2: Utilities  - 

2 studios in a 4plex do not have their own electric/gas meter. The electric/gas is paid by the landlord and covers the 2 studios + common area (laundry + pool). Lately the electric/gas bill has gone up 3Xs. Is there a way to write into the lease that electric/gas is to be split 3 ways? Anyone else in this situation and if so how do you go about handling the situation for utilities when there is no separate meter?

Scenario 3: Junk in common area - 

One tenant who has been a tenant for 20+ years, has overrun the 4plex with all his crap, including a hot tub! 1. How do I stop the proliferation of junk in the common area (does this get written into the lease) and any tactful way to get him to remove the stuff he has such as the hot tub!

Other random questions, do any landlords here charge extra for pets? Somehow folks have cats and are not suppose to have pets. I don't know if verbally at some point my parents said cats were okay, but can a monthly pet fee be charged, is that common?

I'm seeking help and wisdom of the landlords on this forum. Thanks again!

[Ed B.]

Scenario 1. New roommate may not technically be a sublessee, but the point is sounds like you prefer the new person to be on the lease. Fine, ask them to sign the lease; if they refuse, terminate the tenancy for the lease violation.  Chances are they will then agree to be on the lease.  With only one person on the lease, that person is responsible for all rent and damages, even if caused by the roommate. You're better off having both on the lease to have two pockets to go after if necessary.

Utilities: Sure you can write a lease that says costs  are split 3 ways.However, the tenants may understandably question why they should be paying a portion of the common area expenses that are undoubtably being partially incurred by the other two units. I would consider getting  individual meters. If not, it will come down to how savvy the tenants are and/or how much imprecision they are willing to tolerate when being asked to pay their monthly utility portion.There's not an easy perfect solution.

Junk: yes, write it into the lease that junk is not tolerated. Give him at least 30 days notice of your new clarified rules about junk.  If you're worried about being tactful, tell him your insurance agent did their " annual inspection" recently and  told you to clean the area up, because it's a liability/fire hazard.

Many landlords charge a monthly pet fee, but so far I have chosen not to because I don't think it's right to charge a tenant for something that brings a little happiness and joy to their lives. And I don't want to be the cause of a tenant getting rid of  a pet because they can't afford the pet rent. I'm okay with charging extra deposits to protect against pet damage, but I just don't think it's ethical to charge "pet rent."  Others have different opinions, I'm sure. I'm not out for squeezing every last dollar out of my tenants.