Adding "guest" addendum?

Question

I have a good tenant, in his 50's, that has his girlfriend staying at his apartment a lot. She passed the background check but doesn't want to be added to the full lease because she has her own apartment lease. Does anyone have a "guest" addendum they could share with me, or link to a good one? I can't seem to find one online. I just want to make sure I use the right verbiage. Thanks much!

Wesley W. · Answer

I do not think this is overstepping at all. You need to know who is living in your property. In some places (like NY) an "occupant" can get full tenant rights after just 30 days. And if things go south you need to know who they are in case you need to serve them notice.Search the BP forums and you will find several cases of landlords renting to Tenant A with "guest" significant other B. Tenant A legally (or illegally) vacates, leaving occupant B behind in possession of the unit. The hapless landlord doesn't even have their legal name so it becomes a challenge to even serve them an eviction notice.To answer the question, here are some parts of my own 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.31. TENANT HOLDOVER: If you or any occupants that were allowed access by you remain in possession of the Premises after the termination of this lease, you agree to pay a holdover fee at the daily rental rate (current monthly rent divided by 30) plus $10 for each day the rental unit is not legally surrendered. You also agree to pay any reasonable costs incurred by us to collect this fee.I do not have an occupant addendum, however. I'm not sure how it would be crafted to be useful. I'll be interested in what others say.

Hubert Kim · Answer

Jennifer,I agree with the spirit of what @Wesley W. is saying. What does your existing lease with the tenant state regarding guests staying over a certain number of days? If it does not state conditions, then you may have a difficult time enforcing an addendum. I would recommend that as a start.If there are conditions that the tenant and his guest are not holding up to, then you may definitely request (or nicely demand) that an addendum of some sort is required.

Muaz Saif · Answer

@Jennifer Rydam can you please share the template that you put together with me. Thanks

Jennifer Rysdam · Answer

@Wesley W. @Hubert Kim Thank you both for the advice and information. I appreciate it. My building is an 8-plex and 5 of the units have single people in them. I just don't want it to get around that they can just move in anyone anytime they want to. My lease states anyone staying over 4 days in a week or 14 days in a year has to have written approval. I put together a occupant agreement for them to sign that states that they aren't financially responsible for the unit, they have to follow all of the rules and guidelines in the lease, and that they are to leave if asked by tenant or landlord among other things.

Ray Harrell · Answer

What is a "guest" addendum? You don't have to addend every rental situation. She has her own place with her own lease, so she doesn't need to be on the lease. I'm surprised she submitted to a background check. Personally, I think you are overstepping if she is not staying 30 days consecutively. People are allowed to have guests.