Unauthorized Additional Tenant

[Mark Smith]

I'm going to try to make this as short as possible, but I'm looking for some advice on how to handle a situation.  I have a tenant in one of my units who lives there with her two daughters.  She is separated from her husband, who did not live with her and is not on the lease.  He seemed to be coming around the property more, and seems to be there every time I'm there.  Today when I stopped by to drop off some things I noticed an additional vehicle in the garage, which I imagine is his since the woman and her daughters are the only tenants in my two family at this point.  In the past he has denied living there, and the woman has denied that he lives there.  I took over the tenant when I bought the property, and the lease calls for a 25% increase in rent if there is an additional tenant.  I don't necessarily agree with this clause, but it's in the lease and she signed the lease.  I'm not sure how I go about proving he lives there, and as this is my first property (and first tenants) I'm afraid of some sort of retaliation if I "stir the pot" so to speak.

[Account Closed]

Hi @Mark Smith  

She may be hesitant to "admit" he is living there full time to avoid the increase in rent. There really isn't any way to "prove" he's moved in, other than maybe check the master bedroom closet for this clothes/shoes. If you aren't worried about collecting the additional rent, I would take that off the table with her and just say, "It looks like your husband is spending a lot of time there, I noticed his car in the garage today. Has he moved into the house." If the avoids the question, I would assure her you are willing to waive the additional rent, but per your lease / policy, you do need him to complete an application and be added to the lease as an occupant, for their protection and yours. If something were to happen to her, he has no legal rights to the house. 

I understand your hesitation, but like most things, it is all in the delivery. I would just be honest with her and ask that she do the same.