Tenants moved in adult child. Do I need to evict?

Question

Just found out tenants moved in their son (over 18) 2 months ago. Lease says no more than the original 2 tenants.  55+ community with covenants saying underage visitors no more than 14 days. I bluffed and told them he needs to move out, but do I need to formally evict just the son? With the current rulings I assume I can't evict him until this is over. I know, I should have caught it sooner, but they're the kind of tenants you only hear from when something breaks and unfortunately for them (and me) the septic backed up requiring my attention.  Tank was pumped 3 years ago before they moved in and I'm sure having an extra person on it didn't help.  I have water damage to the laminate flooring in the hallway.  Do I take it out of their security deposit?  They're on a month-to-month at present, slightly below market rent.  Perhaps I should just suggest they might want to move to a more suitable dwelling.  They're crammed up in less than 1000 sf.  What to do?

Erik W. · Answer

@Roberta Workman, hi and welcome to BP!  I'm glad to hear you found an answer already; however, you raised another point in your initial post that needs to be addressed.

You said: "Perhaps I should just suggest they might want to move to a more suitable dwelling.  They're crammed up in less than 1000 sf."

First, there's the factual side of this: 1000 sq (or 875 sq as you said later) is not "crammed up". It's pretty standard for most of the houses I rent to couples and roommates. Think of it this way: 100 years ago there would have been 3 generations sleeping under that roof. You may be used to living in a house with 1,000+ sq ft per person, but that is a relatively recent historical trend and many folks make do just fine with far, far less space.

Second, when a land lords starts "suggesting" that tenants go here or there, that is engaging in a practice legally defined as "steering".  It can possibly lead to criminal charges, if if can be shown to be illegal discrimination.  For example, there was an article last year about a land lord who managed a 3-story apartment complex.  A disabled man originally requested to see a unit on the 3rd floor, but the land lord suggested that he would do better in a unit in the building on the 1st floor so he wouldn't have to worry about climbing stairs.  The disabled man sued the land lord and won damages under Federal Fair Housing.  I didn't matter that overall the unit was better suited to handle his disability (wheelchair); it didn't matter that the land lord was just being "kind" or "helpful" and wasn't trying to be a jerk.  All that mattered was the the land lord tried to exert influence on a disabled person's choice of where he was going to live, and that's a huge NO NO.

Please...never, ever "suggest" to someone where they should live.  Let THEM decide what they need.  You simply process the applications.

Jay Hinrichs · Answer

I raised two kids in 900 sq ft 3 and 1 in Palo Alto you just make it work

Jay Hinrichs · Answer

most jurisdictions have eviction moratoriums.. and most landlords are doing everything they can to keep their tenants in place. LOL

David Clay · Answer

You should ask them to have the adult child move out as they're in violation of their lease. Advise them that you're sorry, but in order to keep everything fair for all current and future tenants you don't break your leases nor do you allow your tenants to do so as you consider it a legal document. If you have another rental that would fit them better offer it. If not, do what you said and ask them to transition to another home that fits their needs better. My worry is not them, but the son. Why is the son moving back in with the parents? If he is a recent college student you could give them some leeway, but I'm not inclined to do so. unfortunately, you can't make them leave right now regardless. Thus, they can tell you to go pound sand. Keep it cordial, but be firm. If they remain in violation then don't renew once the crisis is resolved and you both can move on.

Theresa Harris · Answer

@Roberta Workman  If the HOA has rules about visitors under 55+ and length of stay, he needs to find another place to live.  Your tenants should have got a copy of the HOA documents when they moved in and signed off agreeing to follow them.  Tell them the adult child needs to find his own place to live.

As for the septic damage, how often does it normally require pumping and did the damage occur because it was due to be pumped or because someone put something in it that they shouldn't have?  If the latter, then charge the tenants for some of the costs.

Roberta Workman · Answer

Problem solved. They're moving out. I had the tank pumped 3 years ago before they moved in. It's an 875 SF house built for no more than 2 people. They'd rather move and pay more rent than make the kid grow up and be an adult.

I appreciate your input. Thanks!

Theresa Harris · Answer

I'm glad it worked out.  I did smile at this comment: "They'd rather move and pay more rent than make the kid grow up and be an adult."

Michael Noto · Answer

The extra person moving in for 2 months is not why the septic backed up, it just needed to be pumped and it wasn't from the info you gave. I think you are handling this the right way. Just keep on citing the community rules regarding guests and when the time comes and they do not comply start taking the necessary steps to get rid of them. Like @Jay Hinrichs said this is a time period where you want to try and keep paying tenants.

Roberta Workman · Answer

Thanks for your input. I have spoken with the tenants and they will let me know if they'll be moving out.  They're on a month to month now. As suggested I was firm but nice. If necessary I will take the next steps once the stay is lifted.

Roberta Workman · Answer

Very desirable community and renters are mostly on Social Security and pensions.  I don't see having a problem renting the house.

Tenants moved in adult child. Do I need to evict?

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