Can tenants move extra people in after lease?

Question

If you rent to someone and then after the lease is signed someone else moves into the property can you tell them that person can't live there? Can you require that person to pass the same requirements you had for the tenant to move in? Does the response change if it's a month to month vs yearly lease? What remedies does a landlord have if the extra person would not meet the requirements? What remedies does the tenant have if the location only allows 2 people per bedroom and the extra person(s) would exceed that amount (and you didn't know they were going to move additional people in prior to leasing to them)? Is it easy to evict people that are paying on time and otherwise no issues but randomly moved an extra person in, or that the extra person is above the allowed per bedroom rule in the locality?

Gail K. · Answer

If this helps....

We had a pair of young tenants (husband and wife) who we learned were renting out rooms in our house to others. This was a direct violation of our lease which specifically listed who could reside there PLUS that subletting was not allowed.

One option I had would have been to simply terminate their lease with the appropriate 60 day notice since their initial year lease had expired and they now had a month to month tenancy.

I also could have initiated the eviction process based on these violations of their lease (I had proof from a posting they did on craigslist). Instead I saved the filing fees for the eviction and sent them a written notice I was raising their monthly rent (I increased this to exactly match what they were charging the folks they were renting rooms out to but didn't mention I had caught on to what they were doing).

That got them going. The next month they paid the higher rent and sent their 30 day notice they were terminating their month to month lease and would be moving out.

I mention this as an option if you have someone who might be violating your lease by moving others in, is on a month to month tenancy and resides in a state that undertaking an eviction might be a long and/or expensive process for a landlord.

Gail

Therese V. · Answer

Thomas S.

How does the "no trespass" to non-tenants work? Is that literally like saying no visitors or does it just apply to the person/people you think are over the occupancy limit or staying there without going through the background checks in place?

Thomas S. · Answer

A "No Trespass Notice" only applies to the individual that is named on the notice. This can be applied to any person or persons you do not wish to allow on your property that are not registered tenants. You must however know the persons name.

Contact your local police to get the paper work, find out how to fill it out and how to serve and file the notice. You may require the assistance of the police to determine the name of the person or persons.

Some police officers may be reluctant to assist and claim it is a civil matter, a landlord tenant issue, if that happens ask to speak to a supervisor. The police are obligated to inforce all "No Trespass Orders" filed by citizens (as long as it is not on a registered tenant).

Deanna McCormick · Answer

If you clearly had an occupancy limit of 2 people per that apartment then they are "over occupancy" with a 3rd person staying with them.

Let them know you know this is going on and that they are currently violating the lease by letting this person live with them and give them a lease violation. Let them know this is grounds for eviction, and you are prepared to take action if this person is not gone.

You are not required to accept a 3rd person or add them to the lease.

Put up a " unauthorized cars will be towed sign" and if you see his car there have it towed.

Therese V. · Answer

@Jeff B.

How does it work if a person is living there and the landlord doesn't know for a few months because they were stealth? Do you just confront the tenant and say "is there another person not on the lease living here?" What if they play the "they are visiting" etc card but the neighbors state otherwise?

If they say yes so and so just moved in you let them know they are in breach and need to have the other person fill out an application? If that other person puts them over the rooming limit for the locality can you file for eviction right there?

Just trying to think of issues that might arise throughout my time as a landlord. This also brings to mind another question about pets. I will have to create another thread to address that. :)

Thomas S. · Answer

You also must confirm any language that may be included in your state landlord tenant regulations. Lease language is not permitted to contradict the codes.

If you are allowed, you may screen or evict additional occupants. You may also be allowed under civil law to issue a "No Trespass Notice" to non residents.

The "No trespass" is my preferred option as it is quicker and a work around to our regulations.

Jeff B. · Answer

First, you need clarification in the lease. Second, think Family/Members vs Roommates.

Room size and occupancy/room aside, families are cohesive and sometimes junior moves back in - - so what.

Roommates are another matter altogether and there are several issues that need to be expressly controlled in the lease;

• payment made in ONE check, not prorated per roommate
• deposit is held as long as the unit is occupied, release of deposit is always to the last remaining occupant.
• ALL roommates must file an application and pass screening or they may not move-in and subject the others to BREACH of the agreement.

George Despotopoulos · Answer

Typically they are allowed to have some stay over. But if you see this person as a resident or inhabitant of the premises then you run into some concerns. You would want anyone residing in the premises to be on the lease or else you should move forward against the tenant(s) of record.

Month to month or yearly does not make a difference.

I do not know what state you're in but in NY evicting a tenant is not the easiest thing to do. Typically takes at least 6-8 months to get through the court system if you're proactive.

Whether they are in breach of a code or not does not really change things as the moment they have an occupant in the premises that is not in the lease they are already in breach. You would proceed accordingly. Perhaps that fact gives you more leverage and your attorney could raise that to the judge but that depends on your courts and I am not familiar with that.

Please consult local counsel. This is merely my opinion and not legal advice, nor does it create an attorney-client relationship.

Can tenants move extra people in after lease?

Can tenants move extra people in after lease?

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