Tenant with intention to sabotage

[Agustin Martinez]

BP community!! New to investing!! My first post here!!! I have a tenant who brought A roommate to supplement the rent. At some point they had a fall out so leasee left the unit ( I was unaware) so the roommate brought a roommate to supplement the rent (I was unaware) the first roommate than left the state (I was unaware). Now the original leasee contact me to terminate the lease but has the second roommate who does not want to leave! They had a text convo To which the leasee provided to me via screen shot, “ I cannot be evicted, and the credit that is on file is the one that will be damaged not mine! So I will remain rent free for as long as it takes! This situation is in Chicago with pandemic in full affect!!

Please advise BP!!

[Nathan Gesner]

Two things:

1. The current occupant will need to be evicted through legal processes. Even though you didn't give them permission to live there, possession is what matters. If you have a moratorium on evictions, then you'll have to wait. I recommend you contact an attorney immediately to see what your options are. You may have to wait until the moratorium is lifted and then start the eviction process, which will probably be enough to scare the individual off without going through the full process.

2. The original tenant is liable for the term of the lease unless all parties agree to change it in writing. IF the original lease is still in effect, contact the original tenant and let him know he is liable and you intend to hold him accountable. If the current occupant doesn't pay rent, you can hold that against the current tenant and the tenant on the written agreement. See if he's able to apply pressure to the current renter to vacate or pay up.