Experienced Landlords Help! new tenants, leases, screening

[Chris Y.]

Calling for experienced landlords. 

I bought a property with tenants (a couple with a kid) already in it.  When I bought the property, it was managed by a property management company, so the lease was with that company. After the sale, I started managing the property myself. 

I just learnt that the couple split and the lady moved out with the kid. The male tenant brought in two ''friends'' and it had been a few weeks before I knew it.  So that was against the original lease which requires landlord's consent before subleasing. 

So now I have asked the two new tenants to fill out applications and I am planning to do background/credit checks on them.  My questions are:

1. Should I sign a new lease with all three of them ?  The original lease was with the couple and now the lady moved out so it is no good anymore I suppose.   I do not know how long the two new tenants are looking to rent. 

2. What if the two 'friends' are just looking for short term rent, so should I allow the subleasing to allow the flexibility?  But I have read about many posts about the downside of subleasing? such as eviction, trashing, responsibility etc.....

3. I do not have a standard lease for them to sign, can I just use the original lease from the Property management company, just removing the company's name ....

Thanks very much

[Frank Chin]

Originally posted by @Kyle J.:

@Chris Y.  Don't be so quick to let the female roommate off the hook just because she moved out.  Her moving out doesn't automatically invalidate the lease she had.  Plus, she might have been the one with the job and/or good credit.  So if the remaining male roommate and his two new unauthorized roommate friends can't pay the rent or damage the place, you might still want to have that female roommate on the hook to be able to go after.  The more people you have to hold responsible the better.

 A "female roommate" vs a "wife" which was stated is a whole world of difference. With husband and wife, you could have a wife making much more, or could be a stay at home wife. Then having a kid would also make a big difference.

You don't know why the wife left. Technically you can hold her responsible. If she's a non working spouse with the kid, you get after her, she could in turn get after him for spousal and child support. So now a case for housing court goes to family court. Then he can go to bankruptcy court if he says "my landlord won't allow roommates, and my wife wants child support". Now you have bankruptcy court. If you go down this rabbit hole, you go around in circles. You want the rent, right?

Further more, I seen cases where a spouse is forced to move back in. In cases where it's due to spousal abuse, she can get a restraining order, locking him out, but he still has to pay rent.

As I said, I had plenty of cases where roommates move out, replacement roommates are found, the best course is to quickly vet them, usually, they are working people with a good history. At least you know who they are. But with roommates, normally the best case that they know each other. Once you force them to take on someone with better finances, you get into trouble. With the investment banker story I told above, the remaining roommates found 2 friends to room with, did it for 2 years with no issues. When they left, he found a roommate through a service. The first I heard of problems was when my triplex was overrun with roaches. It started in this apartment, the place wasn't cleaned for 3 months because they were arguing whose turn it was to clean. I had to disinfect the whole building, and when this roommate left, the service had non available because it was around the Xmas and New Year holidays. He had to leave and live in a friend's basement. Left an apartment full of furniture so I got some TV sets, microwaves, dining room chairs out of it. I rather have the rent though.