Tenant's extended guests - househack in Wichita, KS

Tenant's extended guests - househack in Wichita, KS

Rental Property Investor · Wichita, KS · Member since 2015 · 17 posts · 4 votes

I recently bought my first duplex (3/2.5 per side) and am househacking it with my family in one side, and an inherited tenant plus roommate on the other side. So far, my tenant has been a delight, always paying rent on time and keeping his place clean. Last month, his daughter, son-in-law, and their five kids aged approx. 12-1 yr old moved in from out of state temporarily while they look for a more permanent place.

The lease prohibits guests for more than 30 days without my permission. He has kept me updated on their house hunt and I haven't objected to them continuing to stay there as they have been respectful guests, the kids seem well-behaved, and they have been actively looking for another place. But we're approaching 30 days and they're still there.

Because it is a 3/2.5, it's definitely crowded in there. My tenant has the master to himself, his roommate has his own room, which leaves one bedroom for all 5 kids, and the parents to sleep on the couches in the living room. I want to be flexible and understanding, but still protect my investment and enforce the lease.

My question is whether I would be legally allowed to raise the rent at least for as long as the guests are there, or if my not expressly objecting equates to granting permission. Anyone who knows or has been through something like this, I would love your input!

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  • Pleasant Hill, CA · Member since 2017 · 43 posts · 17 votes
    7y

    I would check your state laws. At some point they become tenants, not visitors and getting them out could be a huge headache for you. It might be a good idea to talk to the tenant and let them know you don’t want the extra people there after 30 days. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    I'd talk to your tenant and say that it must be cozy in there.  Remind him they are close to their 30 days and if they don't find a place soon, perhaps the family of 5 should look into finding a rental.  It shouldn't take them 30 days to find a house, yes once the offer is accepted, it might take longer to close; but from the sounds of it they don't even have an offer in on a place.

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