Renter has more people in house then original lease agreement

[Eric Holm]

I rented a 2 bedroom, 1&1/2 bath duplex to single mom and daughter 3 1/2 years ago for 975 a month. She is now on a month by month rental agreement. Last Sept, her dad and and an invalid man he cares for moved in.

It was to be a temporary situation while on a waiting list for low income senior housing. I told renter to pay 20.00 more per month for added water and septic. Total then was 995.   Im out of the area for 8 months a out of the year and did not keep up with what my market value is supposed to be. It is 1,550 per month per unit.... a place identical to mine. Currently, The dad and invalid are still there. October 1, I raised the rent to 1,045.  And now, I find out a boyfriend and his child are also there. The dad told me that it too is just temporary til the end of the month when the boyfriend will move into his mother’s winter house somewhere nearby.  I’m planning to send the renter notice to comply within 30 days to have no more than 4 people maximum living there.  And since our original lease agreement was a single mom and daughter then come December 1 , if 4 people are living there,I will be raising the rent again closer to market value.  Does anyone see a problem with me doing this?  What would you do?

[Marcia Maynard]

It is not uncommon for tenants to allow other people into their homes to stay, for the short term or for the long term.
That's why a solid rental agreement with clauses that cover Occupancy, Guests, and Unauthorized Occupants is essential.
I would begin with a conversation with the tenant of record about your concerns and encourage voluntary compliance with the terms of the rental agreement, provided your rental agreement covers such.  You can also serve a Notice to Comply (or the equivalent).

Two persons per bedroom is reasonable. HUD allows two per bedroom plus one. If you pay for utilities, you would be justified in charging a per person utility fee, as usage would be greater. Decide how much you want to charge and check the landlord-tenant laws for your jurisdiction as to how often you can raise rent and by what percentage.

The father and the man he cares for are essentially your tenants now (in most jurisdictions), as they have stayed long enough to establish residency (more than 30 days), and you knew they were still living there and sanctioned it by accepting the extra utility money. The original tenant may be unaware that they may have tenant rights now equal to her own.

Do you know how long ago the boyfriend and his child moved in? Has it been more than a month? If not, are they still within the time frame to be considered guests? Or have they too established residency?  Better get them out before they do.

Bottom line. It's your property, but their home. Tread carefully. Everything's negotiable, start there and try for a win-win. If unsuccessful, then proceed with legal notices. The original tenant needs to do what she can to comply with the terms of your rental agreement or risk losing her home. With a M2M rental agreement, you have a strong position. Good luck!