Number of Occupants/Guests

Number of Occupants/Guests

Rental Property Investor · Johnstown, CO · Member since 2015 · 119 posts · 78 votes

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.

0Reply
35 views

Most Popular Reply

Jennifer T.Pro Member
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
6y

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.

See this reply in the discussion

7 Replies

Jump to latestLatest
  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    Dang...look at this site:

    https://ipropertymanagement.com/blog/restrict-guests

    While you can't restrict guests - and you're not trying to do that - you can limit the number of guests.  

    If you have a lot of time left on the existing lease, I would tie the issue to another lease covenant or even the "peaceful use of the property" right that tenants have by sending a Notice of Quit For Reasons other than Non-Payment of Rent.  Cite the noise factor, parking issue, inconvenience/issues to neighbors - and restrict guest limits via those covenants.  

    Hope this helps...

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    I do not restrict the number of guests and I don't know anyone that does. How would you enforce it? If you limit the number of guests to six and they bring in 20, what are you going to do to stop them? You would have to serve them notice of a violation and then give them time to correct it. If they refuse, then you would give them a 30-day notice or file with the court. In both cases, the tenants would be gone before you could ever act.

    It's a waste of time. I manage over 350 rentals with over 10 years experience and the number of guests has never been a problem. It could happen but I wouldn't spend time worrying about it until it does.

    The DIY Landlord Book4.7247 Reviews
  • Rental Property Investor · Johnstown, CO · Member since 2015 · 119 posts · 78 votes
    6y

    @Nathan Gesner
    "...the number of guests has never been a problem. It could happen but I wouldn't spend time worrying about it until it does."

    It IS causing problems now... that's why I asked.

    @Patricia Steiner Thank you!

  • Member since 2019 · 13 posts · 2 votes
    6y

    Hmm. So what are those extra "guests" doing all day?  Is your tenant subletting to shift workers or running a daycare or other business out of the property?  Doesn't the lease state that occupants have to be on the lease?  And the property is for residential -- not commercial -- purposes?

  • Rental Property Investor · Johnstown, CO · Member since 2015 · 119 posts · 78 votes
    6y

    @Mary E Copas
    It's residential but the lease does not say all occupants must be on the lease. As I mentioned, this is an inherited lease... the next one will say that. But again, the problem is classifying "occupants" since they aren't staying the night. I think it's her grandchildren and their friends (all young adults, not kids) In all honesty, I think there my be some drug activity involved, but I can't prove anything. If I could, I'd go that route. It's sad, I think they're more or less taking advantage of her kindness.

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    6y

    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.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    @Shawn York I guess I missed the part about them staying over. If they are staying the night for a week or two, they are guests. If it goes on longer than that, then you should consider them occupants even if your lease does not spell out the specific number of days. My lease says guests are allowed to stay for no more than 14 days in any six-month period. 

    Personally, I wouldn't bother trying to fix the problem. I would give them a 30-day Notice To Vacate and get rid of the entire bunch.

    The DIY Landlord Book4.7247 Reviews
Join the conversationCreate a free account to reply, vote on answers and follow this thread.