Tenants moved in their parents without permission or discussion.

Tenants moved in their parents without permission or discussion.

Aubrey FordPro Member
Investor · Atlanta · Member since 2023 · 52 posts · 16 votes

I have a one bedroom apartment I rented out to a nice couple back in June. Last Monday they informed me that his parents are staying with them for a "few days" It has been a week and they have failed to offer any end date. Based on the story they told me it sounds like the parents are effectively homeless and I suspect they have simply moved them in without permission. I have expressed my discomfort with them staying more than a week. I'm not certain how to address this. Unfortunately the lease is a month to month verbal agreement. I did send them a written lease ofr signatures before the parents showed up, but they have not signed the lease yet. Can I have the parents trespassed? or do I have to go through an eviction process of my tenants... . anyone been through anythign like this?

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Member since 2022 · 1k+ posts · 1k+ votes
1y

Sorry to say so after the fact, but you need to learn some landlording basics.

Never give the keys to anyone without a proper signed lease. 

Download the landlord/tenant handbook and read it all. 

https://dca.georgia.gov/housing-choice-voucher/landlords/geo...

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  • Brian TeeterBusiness Member
    Little Rock, AR · Member since 2021 · 75 posts · 64 votes
    1y

    Unfortunately, you may have a hard time enforcing anything about "guests" unless policy/procedures are outlined in your lease.  Further, may be difficult to compel the tenant to comply with your wishes if you are currently in a MTM situation with them. 

    At this point, the best path forward to compel them to cooperate is to give them notice to vacate and simultaneously give them an option to renew, with a new lease agreement. The new lease agreement should outline terms for guest stays,etc. 

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  • Aubrey FordPro Member
    OP
    Investor · Atlanta · Member since 2023 · 52 posts · 16 votes
    1y
    Quote from @Brian Teeter:

    Unfortunately, you may have a hard time enforcing anything about "guests" unless policy/procedures are outlined in your lease.  Further, may be difficult to compel the tenant to comply with your wishes if you are currently in a MTM situation with them. 

    At this point, the best path forward to compel them to cooperate is to give them notice to vacate and simultaneously give them an option to renew, with a new lease agreement. The new lease agreement should outline terms for guest stays,etc. 


     Makes total sense to me. before this whole situation I had presented them with a written lease that clearly outlines the rules for visitors. i.e no more than 5 days in a row no more than 20 days per year... If we can not negotiate something this week. My plan is to give them a 60 day notice (GA requirements) of termination of their M2M lease agreement and they will need to renew with a written lease or vacate in 60 days...

  • Member since 2022 · 1k+ posts · 1k+ votes
    1y

    Sorry to say so after the fact, but you need to learn some landlording basics.

    Never give the keys to anyone without a proper signed lease. 

    Download the landlord/tenant handbook and read it all. 

    https://dca.georgia.gov/housing-choice-voucher/landlords/geo...

  • Real Estate Agent · Kansas City · Member since 2018 · 4k+ posts · 3k+ votes
    1y

    Verbal is a big NO NO for leases. I would hire a PM and have them take over. They are taking advantage of you and I doubt they will easily comply. Having a PM that knows what to do will help but it might be a rough road ahead of you. If you don't hire a PM refer to a attorney.

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    1y

    If you end up giving them the notice to vacate do not offer the option to sign a lease. There is almost zero chance that you bring this issue to a head and they sign a lease with a good future prospect for the tenancy. There will always be some sense of resentment or issues that you leveraged control ect. If you decide they're not a good fit, then vacate them and release with new tenants that you actually correctly screen and lease to. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    1y

    Not piling on, but just curious as to the mindset behind just a verbal lease?

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    1y

    2-Step plan:

    1.  Give them proper notice and get them out

    2.  Study landlord basics, especially on what to include in your lease (going forward you will ALWAYS have a written lease).

    (2.5 Learn from mistakes and don't repeat them.)

  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y

    There are several routes, but the best one is probably to give them a 7-day curable to remove the extra tenants. If they don't, give them a 7-day non-curable. If they don't leave you will have to evict them.

    They are M2M, so, just give the actual tenants a 30-day non-renewal. If they they don't leave you will have to evict them. 

    Having 4 adults living in a 1/1 is no permitted. Two heartbeats per bedroom...

  • Aubrey FordPro Member
    OP
    Investor · Atlanta · Member since 2023 · 52 posts · 16 votes
    1y
    Quote from @Henry T.:

    Sorry to say so after the fact, but you need to learn some landlording basics.

    Never give the keys to anyone without a proper signed lease. 

    Download the landlord/tenant handbook and read it all. 

    https://dca.georgia.gov/housing-choice-voucher/landlords/geo...


     Completely agree. what I failed to mention is The tenant is my daughter and her boyfriend... otherwise I would never do a month to month verbal lease. It's only after she started consistently being latre with her rent payments I decided to I need a written enforceable lease.  Good news is since it is my daughter I was able to have a heart to heart and the issue has been resolved. though I am still waiting on them to sign the lease :( 

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