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Updated almost 8 years ago on . Most recent reply

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32
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Chris Lohmeier
Pro Member
  • Investor
  • Lincoln, NE
16
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32
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Defining a Tenant in lease contract

Chris Lohmeier
Pro Member
  • Investor
  • Lincoln, NE
Posted

Hello BiggerPockets, I’ve been absorbing all I can for this community for a year or so now but have finally came across a question I can’t seem to find the answer too. 

I'm in the process of picking up my second SFR rental property, so I'm revising my lease. I'd like to add a section that basically defines what a Tenant is to spell it out for the current tenant. This way they would know that they can't invite someone else to live with them without them being vetted by me and needing a new lease signed with everyone's names on it. I'm not sure how exactly I should be describing an additional Tenant.
Here’s what I have so far:

ADDITIONAL OCCUPANTS. Tenant’s guest will be considered an additional occupant if they are eighteen years of age or older and any of the following occur: Guest spends more than three nights a week on average over a one month period at the Premises, Guest is on the Premises without Tenant supervision for more than four hours during 4 consecutive or nonconsecutive days during any week, Guest is given a key to any door of entry on the Premises. Additional Occupants may be added to the Premises only after the additional occupant has been approved by Landlord, a new Agreement has been signed that includes the additional occupants name as a Tenant, and if the additional occupant does not cause the Premises to exceed a total occupancy limit of ____, as required by state law.

I feel like I could use better descriptions for the actions that turn a guest into an additional occupant, but I don’t want my standards too tight that someone can’t have family visit them from out of country for a couple weeks. Has anyone else went down this path before, or am I just being over careful in my lease?

  • Chris Lohmeier
  • Most Popular Reply

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    Michele Fischer
    Pro Member
    • Rental Property Investor
    • Seattle, WA
    1,081
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    Michele Fischer
    Pro Member
    • Rental Property Investor
    • Seattle, WA
    Replied

    This is how we word ours, if it is helpful:

            Occupancy shall be limited jointly and severally to the following persons (adults and children):

    a.

    b.

    Tenant will not sublet any part of the premises or assign this Agreement. Anyone moving in must get prior written consent of the Landlord prior to moving in. Each prospective new tenant over the age of 18 must complete an application, pay a $20 fee, pass a background check, and sign the Agreement. Landlord must approve all overnight guests staying more than 7 consecutive or 14 total days. Adding a roommate, even if on a trial basis, is not considered a guest and needs approval prior to move in. New tenants are not allowed to move in prior to six months after move in. Occupancy cannot exceed eight people, including adults and children. 

  • Michele Fischer
  • Podcast Guest on Show #79
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