Lease provisions for use of unit / unauthorized occupants

[Wesley W.]

Hello All,

I'll start out with the situation to provide context and then follow up with my question.

I have a tenant who works two jobs and is seldom at home.  She is currently allowing her father to come over in her absence (to let the dog out, let's assume).  Problem is, I think he is dealing drugs out of the unit.  I have circumstantial evidence, which is enough for me to feel compelled to react.  Minimally, he is chain smoking marijuana every day, which permeates the entire building.

I have verbage in my lease about illegal activities, but I frankly don't want to get into it with them about trying to prove my case.  What I would like to do is add a provision to my lease that would address the "use" of the unit by those other than the tenants of record.  Does anyone have something they wouldn't mind posting that they use?

I have a paragraph that addresses "unauthorized occupants", but it only covers overnight guests.  This guy just comes during the day, does his thing, and leaves at night.  I'd like to tighten up my contract so this is not an issue in the future.

I think what I will do in this instance is send a notice to cure (citing "indoor smoking" and "illegal activities" in the lease), but I want to make sure that future contracts have items against the mere use of the unit (regardless of whether or not the activity is illegal).  She is on a MTM, so I can always terminate, but I just want to put something in writing for next time. 

It's a fine line between micro-managing guests that our tenants invite and the pseudo-subletting that is nearly the case at this point.

I welcome your feedback.  Thanks!

[Deanna McCormick]

Excessive traffic is basically excessive use,, mostly tied to excess of cars driving by, and people coming and going, to the extent it is almost business related which is not residential living.. and is disruptive to others living in or by the building.. It could be a complaint from a neighbor..

And odd hours are even more disruptive.

Usually these type of people have loud car stereos, motorcycles, are loud, or cars are noisy and peel off. The don't live there so they don't care about the neighborhood. Suspicious Activity.. but Excessive Traffic is main point you want her to know.. wierd people,,, when she's not home....she probably knows but your letting her know your not putting up with it.

• Improper Use
  Many administrative or home-based business are allowed to operate out of a residential dwelling, but sometimes a tenant will take it too far. For example, it would be okay for tenant to open up a Mary Kay business from the rental unit, but probably not a welding shop, car wash, or a doggie day spa. A “residential” lease should be used for residential purposes, and not occupied by a high-traffic business.

It's not necessarily spelled out in the lease except is more of a clause in a Crime Free / Drug Free Addendum,, suspicious activity..

So I'd have all your tenants sign one of them if you don't have it.. Good plan new addendum's for all effective Jan 1st..