Unique tenant situation

[Mitchell Welle]

Hello, this is my first time posting a discussion and I am what you might call a manager in training. I am located in the Fargo/Moorhead area and the property in question is in Fargo, so North Dakota laws and procedures would apply to this situation. Almost a month ago a tenant was given a pay or vacate notice and he chose to vacate so he was not evicted. However, another tenant is now allowing him to stay at his place and has moved the few furniture items (bed, recliner, lamp, etc) he has into the other tenant’s unit. The lease does not specify a time length for when a guest becomes a resident, only that all tenants must be approved by management. Is there any way I cant proceed with removing the delinquent ex-tenant and not the one who he has moved in with? Thank you’

[Wesley W.]

You need to add language similar to this in your lease:

______ 6. OCCUPANCY: Only those persons whose names appear on the lease may occupy your apartment without our prior written consent except guests for no more than 7 consecutive or 14 total days. If you will be absent for more than 14 days, you must notify us in writing. If you leave the rental unit unoccupied at any time while rent is due and unpaid, we may, at our option, take immediate possession of and exclude you from the rental unit, removing and storing at your expense all property found contained therein. 

______ 8. UNAUTHORIZED OCCUPANTS: You shall not allow any person to use or occupy the Premises beyond the limits outlined under Paragraph 6 without first obtaining our written consent to such use. You shall promptly inform us of any and all occupants not named herein. Any person not named herein who resides on the Premises beyond the aforementioned limits without our written permission shall be deemed an unauthorized occupant. We may, but are not obligated to, give any unauthorized occupant the option of signing and agreeing to a lease. Should an unauthorized occupant refuse to be bound by this lease, or refuse to leave on our demand, as the case may be, you agree to pay, as additional monthly rent, the sum of $25.00 for each day the unauthorized occupant remains on the Premises.

It won't help you this time, but I always try to make each mistake only once.