Occupants not on lease

[Brady Fenn]

In one of my units I have a single mom, her son and her friend living there. The mom is listed as the tenant and the son and friend are listed as occupants. The friend has since moved out and another friend has moved in. I have had no problems with the tenant, she’s paid on time and has been a great renter. It’s a duplex and I currently live in the other unit. I’m wondering if I need to go through and update the lease to add the new occupant?

[Hubert Kim]

AZ laws probably differ from CA, and some of this may depend on what your lease states, but I would suggest an amendment to the lease just in case. If all goes well, yes this would be a hassle and even a waste of time, but if something goes wrong, allowing an unlisted occupant of your lease could result in difficulties.

If you know that the new friend is residing in the unit, then s/he may become an occupant just by your allowing it. In this situation, you may want to be able to identify this new friend in the case of eviction and any issues of liability (to the tenant and landlord). In general, I would err on the side of caution and adhere to your lease.