Tenant's family coming to stay... Can I raise the rent?

Question

I'm househacking my first duplex right now and my tenant informed me today that his daughter, son-in-law, and their five kids were just evicted and are coming to stay for a while. He doesn't want them staying long and neither do I. The lease only allows for guests up to 30 days. Anything longer than that needs my permission. This family has stayed here before and hasn't caused any issues, but I want to know if it's okay to raise the rent if they end up staying longer than the 30 days. My tenant is 7 months in on his 2 year lease. He's paying at least $200 below market anyway, but it's a tenant and lease that I inherited when I bought the place. I'm thinking if the family stays longer than 30 days, raise rent by $200 per month that they are there. What problems might I encounter with this plan?

Dennis M. · Answer

Well for starters you need a new lease . 30 days is way too long try 10 days !

Those people need your permission to stay . It’s your house bro ,They don’t “ tell you” anything ! If the rent is too low then raise it on renewal or evict them . No sense in playing nice guy .. nice guys finish last in this game

Mary M. · Answer

Wow, what a tough bunch! The OP stated the family members had stayed before and were fine.

if this were my tenant I would just have a talk with them. It sounds to me like the tenant does not want the visitors to stay long term so i would suggest setting a time limit and then have the tenant use the LL as the “bad guy” as to why the folks can only stay x days

Re raising the rent - answer no as long as they are on an existing lease.  My concern with charging more rent, or changing the lease is then there is basically approval for them to stay and i think that is not the direction you want to go?

Also, not sure about other states, but in Oregon the legal limit to number of tenants per unit is 2 adults per bedroom plus 1.

Judy Parker · Answer

Do not let all those SEVEN unauthorized occupants into the unit. It will turn into a flop house, major wear and tear, and you won't be able to get rid of them. They've been evicted....why in the world would you even consider letting them move into your place?

Ola Dantis · Answer

@Gregg Jossie

30 DAYS + 7 ADDITIONAL PEOPLE in a UNIT = OTHER ISSUE & MAY STAY LONGER

First things first, I would not increase the rent by $200 because that may imply that I am accepting the other occupants.

This is a very tough situation and as Landlords, I think we have to use common sense and show some empathy.

Perhaps, add an addendum to the lease and say that can stay for up to 14 calendar days with an extension for another 14 calendar days after which they would have to find another arrangement.

Life is tough. All we can try to do is help in our own little way possible.

Bjorn Ahlblad · Answer

@Gregg Jossie My lease allows visitors for seven days then they can go on lease or leave. These people won't qualify, they were just evicted-EVICTED?! I have compassion but once they are in you have to get them out; if the father seemed to make the right noises it was just to please you. He won't be kicking them out-you will; and they won't leave smiling. I wish you all the best!

Jason A. · Answer

Be wary of tenants who qualify and then move other visitors in shortly thereafter. It's often those 'visitors' who cause the problems.

Nathan Gesner · Answer

30 days is too long! My lease allows guests for up to 14 days in any 6-month period.

Your tenant doesn't want them staying that long so this is a good opportunity to amend the lease. Draw up a new version shortening the visitation to 14 days and let the tenant make you the bad guy. If they aren't out after 14 days, start the eviction process, period.

$200 below market is costing you $2,400 a year. Is this tenant so great that you would hand him a check for $2,400 every year? You should notify him now that you'll be increasing the rent or requiring him to leave when the current lease expires.

Corby Goade · Answer

You have to abide by what your lease says UNLESS you and your tenant both agree to a new change, which is unlikely if this does not work in his favor, and pushing this will put you in a bad spot as a landlord and professionally if you are living right next to each other.

I'm assuming your only recourse according to your lease is eviction after a 30 day stay? I'd use that as your leverage. I'd amend your least with a clause stating that after 30 days, the rent goes up by $xxx. Be sure that you include language that allows for eviction after a set amount of time as well. What if the family stays for a year? Is that okay with you as long as you get the rent increase? If not, specify an exact length of time that the amendment is good for, and allow for eviction after that timeframe.

You could even say something along the lines of- "you don't want your family staying for more than X months, so you can just tell them that I am the bad guy and you'll get evicted if they overstay, that way you get your house back and don't have to look like a jerk." Basically, you can team up with him and he will feel like you are his ally, but it puts you in a much better position.

Good luck!

Curtis Bidwell · Answer

@Gregg Jossie As an owner occupant you typically have additional rights and protections for who you allow to live next to you - as in, your not held to all the nondiscrimination laws (check your state/municipality).  Also, I assume it is just 2-3 bedrooms, meaning you can limit the number of occupants to 4/6 total.

You will need to be proactive and  VERY clear with your tenant.  9 people in your neighboring unit will be challenging! I would let the actual tenant know that the additional people are merely guests for the allowable time, but if they extend beyond the 30 days it is a serious violation of your lease and you will have to terminate.  On day 29 when they tell you they’ve found a place and will be out in X# of days, DON’T DELAY! Serve your Notice to Comply, termination of Lease, etc...   If they leave within the allowable time you can choose to not enforce the termination.  But when they don’t leave you will be ready to act without losing additional time. Good luck!

Dennis M. · Answer

Just went through this . My lease says ten days I sent them a notice on the 11th day to get them out or Else your **all **going to be thrown out ! The friends they were “ helping out “ left immediately.

Tenant's family coming to stay... Can I raise the rent?

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