Additional Adults in the House

Additional Adults in the House

Mobile Home Investor · Houston, TX · Member since 2011 · 1 post · 0 votes

I have some Rental Application questions I hope you can shed some light on.

1) If a child is under 18 and while living there they turn 18, can you --demand-- they fill out a rental app?

2) If the applicant has a kid that is turning 18 "shortly" (a few days or weeks) can you demand a rent app?

3) If the resident/parent says the kid is over 18 but is attending college so they will not be working, so the kid will not be bringing in any income, so they do not need to fill out an app. Can you force them to fill out an app to stay living there?

4) If the resident wants to move in her boyfriend, you run his rental app, and he is denied. You find he is at the rental property each time you go by, but the girlfriend says he is "just visiting" but does not live there.

At what point does he turn from "visitor" (simply her boyfriend who visits --a lot-- and who [allegedly] only sleeps over "occasionally" [ha!]) versus an "un-approved resident?"

I suspect he gives her money. If so, does that give him some legal status since he is paying the rent. Sometimes he physically hands me the cash money. Is that her cash, his cash, their cash? Does accepting it from him mean I am approving of him living there by default?

If they cash is on the table and neither one hands it to me, does that have a legal implication, i.e. since she did not hand it to me, it could be his cash.

If he is staying there enough, paying her bills, playing with her kids, etc. can he go around my denying his rent app and declare himself a legal resident?

If he receives mail there and puts his name on the mail box, can I still say he is not a resident and evict her (because she is allowing an un-approved adult to live there) without needing to put his name on the legal paperwork,. I am trying to not give him any legal standing in the eviction process.

This is in Texas.

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    15y

    Can't give legal advice.You had about I don't know 15 or 20 questions in there.

    I can tell you how we do it in Georgia.Minors do not have to be on the lease.

    Now if they are cramming too many kids in there per room it could be a safety hazard as you have to have so much space if a fire breaks out to evacuate etc.

    If you are worried people in the lease are not staying there when we evict we can pay an additional 8 dollars per person on the dispossessory.Then for the dispossesory notice after the person on the lease the second one we put "and all others".

    This then covers any unknowns in the property.Then when we get the writ all are throw out.

    Make sure in your lease that you do not allow your lease to be "sublet" to another person without your written approval.Otherwise if you don't say in the lease that they can't do it they will come up with all kinds of schemes.

    Hope it helps.No legal advice.

  • Brian LevredgePro Member
    Investor · Chattanooga, TN · Member since 2009 · 1k+ posts · 903 votes
    15y

    Talk to a TX attorney that specializes in tenant law. You could even run these questions past the local fair housing council as they would be the ones to file a complaint against you.

    I would be very careful when dealing with minors, even if they are technically now adults. If the parents are the ones responsible for paying the rent then there isn't much need to have the kids names on the lease other than to be listed as "named residents."

    The boyfriend could be viewed as having rights if he's been paying rent, established mail or utilities, etc. Your lease agreement should spell restrictions on all this kind of stuff and it's up to you to enforce the provisions in it because if you don't the judge may take the tenant's side in court if that's where things end up.

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