Tenant trying to add felon boyfriend to lease

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Tenant trying to add felon boyfriend to lease

Luke J Nelsen
Real Estate Agent · Milwaukee, WI · Member since 2020 · 105 posts · 41 votes

Hey Bigger Pockets Family!

We are landlords in southeastern Wisconsin. We have a tenant that is trying to add her boyfriend to the lease after she has already lived there for a few months. The boyfriend does not have a job, he’s a felon and she has already started forwarding his mail to her unit. He is currently in a halfway house/correction facility. She has basically asked us if he can move in November 1st and has already assumed it would be fine with us…

We are not comfortable with the situation and are trying to figure out what our options are. His current felony case has not cleared the court system yet but he does have a previous felony from last year he was found guilty of as well. One is involving evading the police and the other is for narcotics.

Any insights are greatly appreciate it!

Thanks,

Luke

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Aaron F.
Investor · US · Member since 2017 · 71 posts · 80 votes
5y

The lease I use requires any added occupants go through standard screening process and boyfriend would fail that screen. Bringing him in anyway, which is likely, would be a breach of lease and I would evict. I would like to avoid all that ahead of time, though, by encouraging her to find acceptable housing before he moved into mine.

I would approach that conversation as being very understanding that she would want a good place to live with her boyfriend but that he just will not meet criteria to stay in her current home so she should start looking ASAP. 

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  • Taylor L.
    Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    5y

    Has he applied for tenancy? Do you require that when an adult wants to move into a unit? What do your state and local laws allow?

    0Reply
  • Aaron F.
    Investor · US · Member since 2017 · 71 posts · 80 votes
    5y

    The lease I use requires any added occupants go through standard screening process and boyfriend would fail that screen. Bringing him in anyway, which is likely, would be a breach of lease and I would evict. I would like to avoid all that ahead of time, though, by encouraging her to find acceptable housing before he moved into mine.

    I would approach that conversation as being very understanding that she would want a good place to live with her boyfriend but that he just will not meet criteria to stay in her current home so she should start looking ASAP. 

    9Reply
  • Luke J Nelsen
    OP
    Real Estate Agent · Milwaukee, WI · Member since 2020 · 105 posts · 41 votes
    5y

    @Aaron F. Thanks! We use the bigger pockets lease and the language is strong regarding this situation. So, we feel good about it. Just looking for the best plan of action to resolve it.

    0Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    5y

    What Aaron said.

    0Reply
  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    5y

    I have found that the best course of action is always to make sure to give the tenant plenty of time to find another place. Make sure to tell her NOW that he will not pass your background check so she needs to start looking NOW. Evictions are expensive and a PITA, we have found that most of the time we can avoid them by being clear and upfront about our expectations. Offer to waive any penalties for early termination to get her to move and make sure she knows that you will evict if she lets him move in. Most tenants that have never been evicted understand that it is way better if they just move on.

    3Reply
  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y

    Everyone is giving sound advice but am I the only one surprised she asked.  I always assumed this type of tenant who was going to have issues finding housing just snuck in on someone else’s lease.  

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    All occupants must pass my screening. I would explain - in writing - that he would not pass my screening and that moving him in would be a violation of her lease, resulting in termination. Period.

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    5Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    + 1 for what Aaron said.  

    1Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y

    Hi Luke,

    Assume her unit will be a turn when the lease comes up (providing she can find a place that will take Mr. on the lease.

    Be ready for this financially as well as personnel wise. 

    If she can't find one, expect some drama (staying beyond the lease) and possibly an eviction.

    You might want to (seem to) "Side with her" when you break the news to her, and tell her that there are "Long Term" Motel's that don't ask many questions who MIGHT house her and MR., and that you are sorry but that's the way it is.

    And BE SAFE, you don't want to be the reason (victim) Mr. Felon gets put back in the Can.

    Good Luck!

    1Reply
  • Account Closed
    Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    5y

    @Luke J Nelsen follow your lease. What does it say about guests and adding additional tenants?

    0Reply
  • Steve Miklashevskiy
    Real Estate Agent · Hillsdale, NJ · Member since 2020 · 87 posts · 39 votes
    5y

    @Luke J Nelsen if the lease is just for her and under her name, why would you allow her to change the lease (midway thru the term) AND add a jobless felon to the lease? What’s the trick question here? 😀🤷🏻‍♂️

    0Reply
  • Luke J Nelsen
    OP
    Real Estate Agent · Milwaukee, WI · Member since 2020 · 105 posts · 41 votes
    5y

    UPDATE: She has decided to break her lease and move out at the end of the month. The lease runs until 7-31-2022.

    Unfortunately, we are now forced to fill a vacancy in November which is not ideal. There’s no specific language in the BP lease about returning the security deposit if tenant breaks the lease. But, if we don’t fill the vacancy right away November 1st we’re leaning towards keeping it. Thoughts on that?

    0Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    If your lease doesn't have language about what happens when a lease is broken you should add that.  

    0Reply
  • Luke J Nelsen
    OP
    Real Estate Agent · Milwaukee, WI · Member since 2020 · 105 posts · 41 votes
    5y

    @Scott M. Agreed. We are adding it as we speak!

    0Reply
  • John T.
    Rental Property Investor · Central U. S. A. · Member since 2013 · 296 posts · 149 votes
    5y

    @Luke J Nelsen You may be able to withhold some or all of the Tenant's security deposit as damages for "cost of reletting" (defined as “leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property.”  I would include in the cost of reletting any expense that was "reasonably necessary" to relet the property, such as maintenance, landscaping, make ready expenses, lease commissions, etc.  

    Check with a local attorney in the jurisdiction where the property is situated to determine whether you are entitled to deduct "cost of reletting" from the security deposit.

    1Reply
  • Luke J Nelsen
    OP
    Real Estate Agent · Milwaukee, WI · Member since 2020 · 105 posts · 41 votes
    5y

    @John T. Good call! Thank you!!

    0Reply
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