Too many occupants in a rental

[Christopher Perez]

Hi all,

First, than you for taking the time to read and help.  I manage a 4plex in Palm Beach County, FL. All are 3 beds/1 bath. One of my tenants (the best one) is complaining that two other tenants have 8-10  people living in the units. This creates a parking problem, breaks local ordinances and makes the good tenant feel like he's getting the short end of the stick cause he's abiding by the rules and not renting out his extra room.  How do you all handle this type of issue?  Am I looking at this all wrong? FYI, they all pay cash as well and normally on time.  Thanks again.

[John Karg]

Though technically only people listed on the lease are supposed to be occupying the property, in practice it happens all the time that others move in with the existing tenants. Whether to do something about it is a case-by-case decision in my opinion, based on how those tenants are acting in general--are they paying on time and taking care of the property? In that case I may not mention it. However if they are causing other issues as in your case, I would notify them of the Florida legal limit of 2 residents per bedroom (6 people in each unit in your case), and then give them a chance to declare any residents not previously listed to the lease, up to that limit, with the others having to move out. Then you would also have to be clear that this limit will be enforced strictly going forward. 

It's a tough situation to be in, so I hope everything goes smooth whatever you decide to do!