Tenant's BF is living in unit, not on lease

[Tracie Van]

In my lease I have anything longer than 2 weeks stay they need to be on the lease or get permission from me. I also include no keys given out to anyone not on the lease. 

I know this guy is living in the unit based on other tenants accounts, his car is there day and night, he takes garbage to the dumpster, he does laundry, etc. I have seen this myself as I live very close to the building. But of course, I can't really prove it. I feel like the two week section of my lease is kind of worthless in most cases  unless the tenant is willing to follow the rules. Which luckily for me, most do.

I know his name and looked him up in the court system and this is someone I do not want in my building. Eviction on file, drug charges, money owed out the butt. No job either. He also walks around the building just pacing around and its creepy because it all one-level. He is walking and pacing around people's windows. 

I'm at a loss as to what to do to get this guy out. I guess I could tell him he needs to apply, which of course would be denied as he doesn't meet the criteria, but then what? My gut tells me he will still continue to reside there. 

[Brandon Rush]

Hey Tracie,

You can start by sending a reminder notice to the tenant that it appears there is an individual who is not on lease residing in the apartment. Make sure to specify this specific section of your lease. This may be enough to spook them and it may stop there. If the behavior continues, you can send a second notice and request from the tenant that this "guest" vacate the apartment as the current tenant is in breach of their lease. 

Before doing that, you may want to document what you are seeing that makes you believe this individual is living at the property. If you see their car parked there overnight for 2 weeks straight, make note of it, maybe even take pictures. If you see the guest doing other things which make you believe they are living there, take note of them as well. This documentation will help build your case with both the tenant and if an eviction case if it is ever needed. 

Just think of it as a bad employee, you don't fire them on day one, but you do build up a case on them just in case the day comes where you have to. 

I would recommend changing the visitation language in your lease. 2 weeks seems like a long time and I can easily see people abusing it. My lease has something along the lines of overnight guests cannot stay any more than 8 nights in a period of 30 days and the landlord has the right to restrict or revoke guest privileges if he/she feels this privileges are being abused. I also state, that if guest visitation is needed for any longer than 8 nights in 30 days, written permission must be given by the landlord. 

Good luck and I hope this all works out.