unauthorized tennant not allowed per lease agreement

[DAVID PENNA]

I am trying to help out a friend, who bought a house, that has leasing tenants, in Spalding County, GA.

Per the lease agreement, she gave them 60 days notice.

However, per the lease, no unauthorized tenant is allowed, and the legal tenant, an elderly lady, only says the man living there is a "friend". she has violated the lease, the man is also a heavy smoker, which also was not allowed by the lease anywhere inside the dwelling.

she sent them a notice of violation of lease terms, talked with the legal tenant, and about the mans smoking inside. she requested his drivers license for legal I.D., and was going to work with him on staying until they had to leave, as long as he ceased smoking in the unit.

he has refused to respond, and apparently is smoking more, not less, in the unit. the amount of smoke residue, odor, costs to remove the stench, wont be cheap.

since he was never on the lease, and the tenant had no legal right to allow someone to come stay, as the NEW Owner, can she file trespass and vandalism charges against the man not on the lease/or arrested for refusing to cooperate ?

she is incredibly stressed out about this, worried he will trash the place, etc.

[Patricia Steiner]

Here's a problem..."she sent THEM a notice of violation."  There is no "them."  The tenant has violated the lease. Just the tenant.  The guy doesn't have to play by the terms of the lease because he's not on it - he didn't agree to anything.  So, it looks like this:  

1. Issue the Notice To Quit for Lease Violation to the TENANT only.  Give her the required days to "cure" the violation.  That means he's gotta go by the end of the notice period (in my state it's 7 days).

2.  Don't work with the "guy." Don't let him stay if he quits smoking inside.  He isn't suppose to exist!  Don't add him to the lease.  Don't talk to him.  Do not engage the tenant in discussions.  She needs to "cure" the situation BEFORE the landlord considers anything.

3.  So, what if the tenant doesn't comply:  Lease violations are NOT included in the Moratorium.  I would make sure there is a one liner in my Notice that states "as you know, lease violations are not protected by the CDC Moratorium."  As such, file for eviction. Get the forms (online) for your state, serve the summons to the tenant (remember:  the 'guy" doesn't exist), and get on with it.

The best thing your friend can do is:  MANAGE TO THE LEASE.  RUN HER BUSINESS.  Tell her not to worry because there is absolutely no correlation between "worrying" and "it helps."  Just do the paperwork. Keep the focus on the tenant. Everything in writing. 

Hope this helps...and the guy isn't trespassing.  He was invited in.  By the tenant.  Against the terms of the lease - but not against the law.  Stay focused. Don't make the situation "work" - it won't. Get it done.