Las Vegas, NV · Member since 2019 · 8 posts · 11 votes
Asking for a friend...
The Tenant on the Rental Agreement Informed they moved out their friend is there. Either way no-one paid rent that was due 9 days ago. Is the friend who lives there a squatter? Or do we need to evict as if a tenant? What is the best course of action. The tenant was inherited when the building was purchased. Do not have ID, SS# or anything like that. Just a simple 1 page rental agreement where no security deposit was taken, just a small cleaning fee.
Post a 3 day cure or quite notice on the door to the tenant on the lease agreement. If they are concerned they should seek legal advice. If this is the first month rent after the purchase treat it as a lesson learned.
Either the tenant on the Rental Agreement (or the friend?) has been paying rent for many months after the purchase (about 8 months). March rent not paid and texted [ tenant on Rental Agreement] asking about it and they texted back they don't live there. There friend lives there now and should've paid. Asked for friend's name - they texted a name back. Asked for friends phone # radio silence since then.
@Jennifer Harper I know in my state if the friend who is not on the lease is getting mail at the address and has set up residency the cops will not get involved because it is a civil matter. Had this happen to a friend of mine. Check your local laws before proceeding.
We had one like that & we sent the original tenant to collections regardless & they quickly came back with the new tenants information & we proceeded accordingly. Apparently, they were trying to lease a vehicle & the collections hit their credit report. BUT we did have their SSN etc & we left the collections in place & they actually started sending $25/month then paid it all off @ 30% collection penalty (back in those days).
Since you don't know what you're doing here, you need to hire an attorney to handle the eviction. Since the occupants did not move out entirely and turn over possession, the tenant on the lease is still liable for the property. You will have to evict "Tenant and unknown occupants." You should inform this tenant that you intend to evict them as holdover and their friend will be the reason they have an eviction on their record. This should give them some reason to put pressure on their friend.
The tenant is still legally on the hook. The friend staying may have tenants rights now though.
I would remind the tenant that will be responsible for any damages during the eviction process. If they had any sense they would cooperate fully.
When evicted there is certain terminology they need to use, they need to evict the tenant on the lease and all residents, not just the named tenant. Might be worth evicting with a lawyers help.
*** Update**. The friend rent check appeared in the mailbox today (without the late fee) He (owner) is thinking of just avoiding vacancy/eviction hassles and see if friend will sign a new lease in their name. Is that smart? Since it came in the friend's name as return address we believe this is the first time this person is paying rent.
*** Update**. The friend rent check appeared in the mailbox today (without the late fee) He (owner) is thinking of just avoiding vacancy/eviction hassles and see if friend will sign a new lease in their name. Is that smart? Since it came in the friend's name as return address we believe this is the first time this person is paying rent.
IMO I would also only put them on a official lease if I ran them through a full blown background and reference check.
Chances are this friend of theirs is a terrible candidate otherwise they would not have pulled a stunt like this to start with, they probably can't get through a background check.
Cash for keys might be the most pain free way to get them out. In the long run if this squatter is a turd of a tenant then they could cause more damage and pain if left in the unit.
It sounds like it is too late but better to not accept any money if you are evicting. He could reduce the rent by the late fee amount and evict on non payment.
If possible he should try to get any evidence that the tenant moved out, has a different address etc. Anything that cane prove they did a switcharoo and help get them evicted if it comes to that.
@Jennifer Harper Run their info the same as you would had you interviewed them to rent it. Having said that, the fact that the rent was late this month would be a strike for me.
It would be pretty funny if the original tenant is the one that was here asking about this the other day..
Either way, the new occupant needs to fill out an app, pay a deposit, and sign a lease - assuming they actually qualify.
If they don't, I'd make sure they both know that they're both gonna be named on everything - they might be more apt to leave on good terms, if they know they're destroying their friend's credit too.