Tenant's boyfriend moved in

[Andrew S.]

Happy Monday BP, 

I have a good tenant who has moved in her boyfriend.  I was notified after the fact. They have been a good tenant for ~8 months into a 12 mo lease and have discussed renewing the lease in other conversations.  They have been proactive with other communications.  I asked their boyfriend to complete a rental application and a background check, but they have been avoiding/ slow on returning it for 2 weeks now. 

After some research, I decided to have their boyfriend not be on the lease but rather an approved guest.  If they break up in the future, I don't want to deal with who gets the place, etc. She is still responsible for the rent and her original security deposit.  The lease lists guests not allowed > 7 days, which has been discussed in person with the tenant and her bf.  

Should I care much about having her boyfriend complete a rental app (employer info, rental history) and a background check?  

Thanks

[Nathan Gesner]

You're making a couple mistakes:

1. Lease violations like this should be dealt with quickly and completely. You told her to have him apply but failed to set a deadline or consequence. This sounds more like a suggestion.

2. Now that she's failed to follow your instructions, you're going to let it go? That's showing the renter that you're not serious or not capable of handling the situation. She's going to add a couple dogs soon.

3. You want to keep him as a guest? Do you know what happens if they break up and she disappears in the middle of the night? He will be considered the legal resident and you'll have to evict him just like anyone else. Putting him on the lease adds to his responsibility and helps you if there's a problem. Not putting him on the lease makes your life more difficult.

If it happens to me, I would give them written notice that they have three days to complete the application process. If he is approved, he will be given three days to sign the lease agreement and accept responsibility as a "joint and several" tenant. If he refuses/fails to apply or sign the lease, I would require him to vacate within 72 hours and I would inspect to verify. If they refuse to do any of this, I would evict both of them.

Any time you "request" something from your tenant, it should include a deadline for their response/action. Don't leave things hanging in the open as suggestions. And if you have a provision in your lease, you need to be prepared to enforce it or the tenant will see that as a sign of weakness and permission to violate other areas of the lease.