Good Tenant is asking if she can add brother to lease...

[Erica L.]

Okay, so I have a great tenant who have paid consecutively for the past 2 years and wants to sign another 2 year lease. However, today she informs me her brother lost her job in December "due to COVID" and has been staying there every other weekend. Yes, this breaches my current lease agreement that states no one can stay more than 14 days within a 12 month period. However, she's really amazing - never been late, takes care of the property and has only called once about something small over the past 2 years.

I looked up the forums and lot said to screen him as usual and add him to the lease. However, my concern is, if she gives me 3 months warning she wants to leave prior to the new lease ends, and he wants to stay but can't afford it, would I have to go through a whole eviction process.

My husband than said, "well, if you never put him on the new lease, he's technically trespassing and needs to go."

I don't want to offend my tenant send from the angels above. However, I don't want to make an idiotic move because this is my first time coming across this situation. 

Please help! Any suggestions would be GREATLY appreciated! :-)

[Zach Westerfield]

I would have him complete the screening process, then add him onto the existing lease as an addendum that all parties sign (including tenant). Make the tenant aware that he can stay, but she is still responsible for the lease and payments. In a way, you are allowing her to sublease. My leases prohibit subleasing, unless the landlord consents. What happens between him and her is irrelevant, as long as she holds true to her end of the lease. I recently did this with a good tenant who found a roommate and wanted to add them halfway through the lease. She has excellent credit and has been great, but the new tenant has terrible credit. However, I let the tenant know this is not a divided lease, or rent by room. ALL parties are responsible for rent, and I only bill through her. 

If you take this route and the lease ends in 3 months, his lease is up as well. If he wants to stay, he will have to apply and sign for a new lease.