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Updated about 8 years ago,

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Wesley W.
  • Rental Property Investor
  • The Vampire State
2,307
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1,859
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Lease provisions for use of unit / unauthorized occupants

Wesley W.
  • Rental Property Investor
  • The Vampire State
Posted

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!

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