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Updated about 5 years ago on . Most recent reply
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Number of Occupants/Guests
Does anyone have any language they use in their lease to limit the number of "guests"? I can't imagine that I'm the only person that's ever come up against this situation, but I've looked fairly extensively and I've seen a lot of information regarding occupants, but not guests. In a nutshell, I've got like 6 people "living" in a 2 bd unit... one person only on the lease. (inherited lease/tenants from when we recently purchased the property) There's only one or 2 people actually spending the night and therefore "occupants" but all day, every day (or the majority of days) there's closer to 6-10 people that are occupying the unit.
Probably a sticky situation legally where a landlord CAN limit occupancy but since they aren't spending the night... are they technically classified as "occupants"? In my opinion, it's overbearing, as a landlord, to say "you can't have any guests" or limit the number to a restrictive number like only one or two... I mean c'mon, how many of us have a few friends over for dinner or to watch a football game etc.? I would think you'd run into major legal issues if you even tried to enforce a lease clause or an eviction for too many guests. But every day (or close to everyday) is excessive.
Plumbing, appliances, water heater, doors/hinges, flooring... all these things (and more) suffer decreased lifespan when there are 6-10 people in a unit designed for a maximum of 4 (2bd/1ba) This is not even taking into account that the extra people in the unit are "harder" on the property than the tenant. This unit is in the mid-west... security deposit (being equal to one-month's rent) is woefully inadequate to cover pretty much any damages that occur.
Thanks for your input/thoughts.
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What you can also do is have occasional inspections of the property. I have verbiage in my lease that, if there are tenant-caused damages, the tenant is responsible for paying for those damages now. And any monies received go toward that first and then to rent. As damage occurs, you don't have to wait until the tenant moves out to take it out of their security deposit. Nor would you want to do that.