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All Forum Posts by: Ping W.

Ping W. has started 12 posts and replied 29 times.

Post: Unauthorized occupant of rental property

Ping W.Posted
  • Summerville, SC
  • Posts 29
  • Votes 2

Our single family house was leased out to current tenant from June 1st. There are 4 authorized people who were supposed to live there on the lease. They are consisted of the main tenant (a store owner), his younger brother (owner for another store), his nephew(store worker) and the brother's son. I went to fix something last Sat and found 6 sleeping bags in the house and one of our neighbor told us that he saw 4 young men moved in at the beginning of June with suitcases.  They have no furniture at all. 

In our lease, there is a Occupants clause saying "The stay of any other not on the lease will not exceed 7 days without authorization of the Landlord. Tenants will pay additional rent for the period of stay of any authorized occupant at the rate of $500 per month or any par of the month". I emailed them the issues I found and the charge of $1000 for June and July. I also asked anyone not on the lease to submit application form and application fee. The tenant said they would submit the application by Tuesday but I have received nothing yet. I call the tenant today and he told me he has to let his brother talk to me since he has not moved in yet.  His brother got made with me saying I was being unreasonable and asking me to speak to his lawyer.  

Other than unauthorized occupant issue, they have been paying rent on time so far and have given me a couple checks for future rent. The tenant has been the main contact person from the beginning. He has been corporate for the most part. I know they had unauthorized occupant issue with their previous landlord so I have emphasized this part with them when we signed the lease.

What I can do now? Any insight will be appreciated!




Thank you for everyone's input! 

Update: I  have received the order from the tenant now. I have never doubted that they were relocated. My question is: Can they terminate the lease early when they don't have to. From the below information, it seems that they can stay here until lease expires at the end of June and report to new location in July.

When directed detach in July 20

Report not later than Aug. 14

Good Morning, I hope everyone had a wonderful Memorial day weekend!

I have found this site extremely helpful in regard to renting/land-lording! I appreciate everyone's insightful input! Our current tenant is in military and they served me a termination notice at the beginning of March. Our lease expires at the end of June and they wanted to term it at the end of May.  I trusted them and did not ask for a copy of the order but I heard his wife talking about all their travel plan in June and they won't report to the new location at the end of June. I called his supervisor and was told his report date to new location is no earlier than July 1 and he will remain at the current location through the end of June. Do they have right to terminate the least at the end of May when they still serve at the current station through the end of June?

Thank you for your help in advance!

Ping

Thank you very much for all your insight. I think turn her down was a right decision. Now she is asking for a refund for the application fee although it was stated on the application form that it was non refundable. She is saying I only checked her credit history so I should refund her with her husband and her daughter's application fee. She is saying this is a fraud after they talked to a real estate attorney.  I am not a realtor and I only rent the only one of our spare house. From the legal perspective, should I refund her the balance?

They were never evicted, just rule to evict for late payment

Thank you all for your insights. I took your advice and turn her down 

but after I told her that she was disqualified due to low credit score. She was arguing that she had bad credit score due to her exhusband but both her husband and her daughter have good credit scores. Should I consider it if out of 3 adult applicant, 2 have good/OK score and 1 have bad score?

Good Morning everyone,

This potential tenant is a RN with a retired/disabled husband and her adult daughter, a single mom with Borderline Personality Disorder and her grandson. They have move than enough income to pay the rent. The reason for their move is to find a better school district for the grandson. While I was verifying the employment and rental history, the information they provided seem to be true so far. They missed paying rent 15 times during the 5 years they have been with the current landlord range from 1 day late to 15 days late and was serviced rule to evict 3 times 4/5 years ago which were settled later on. 

When I asked her to accept my request for her credit report, this is what she told me:

" I will tell you that my credit score is not great, my ex husband unfortunately caused many issues for me when we separated and I am working with the Credit Warriors to have my report cleaned up. It is a frustrating and long process and frankly embarrassing but I think it is important for honesty."

I was shocked to see her credit report with a score of 524 and the following information. She is the only applicant I have right now and our communication was good so I really wanted to make this work but I don't have peace. I am not realtor. I only rent out my own spare house. I would like to hear some insight from more experienced landlord than me. Any input would be appropriated!

Profile Summary
Derogatory Items
Public Records:1Number of Collections:8Number of Negative Trades:9Tradelines with any Historical Negative:4Occurance of Historical Negatives:35
Revolving Past Due Amount:$0.00Installment Past Due Amount:$753.00Mortgage Past Due Amount:$0.00Open Account Past Due Amount:$0.00Closed With Balance Past Due Amount:$4,479.00Totals Past Due Amount:$5,232.00
Revolving
Number of Revolving or Check Credit Trades:9High Credit:$0.00Credit Limit:$0.00Balance:$0.00Monthly Payment:$0.00% Credit Available:0 %
Installment
Number of Installment Trades:6High Credit:$41,031.00Credit Limit:$0.00Balance:$36,169.00Monthly Payment:$565.00% Credit Available:0 %
Mortgage
Number of Mortgage Trades:0High Credit:$0.00Credit Limit:$0.00Balance:$0.00Monthly Payment:$0.00% Credit Available:0 %
Open
Number of Open Trade Accounts:1High Credit:$0.00Credit Limit:$0.00Balance:$0.00Monthly Payment:$0.00% Credit Available:0 %
Closed With Balance
High Credit:$0.00Credit Limit:$0.00Balance:$4,554.00Monthly Payment:$0.00% Credit Available:0 %
Totals
Total Number of Trades:16High Credit:$41,031.00Credit Limit:$0.00Balance:$40,723.00Monthly Payment:$565.00% Credit Available:0 %
Number Of Inquiries:14

@Marcia Maynard

Thank you for all the response. I really appreciate everyone's time and effort trying to help me.

@Marcia Maynard, Thank you so much that you even drafted the letter for me. 

Thank you for all the response.

They views our house last Thursday and applied on the spot then push on me really hard to get them approved. It was stated on the application form that the application fee is non refundable. It was $45/ adult. Not much, I could have just returned to them but I feel like I was taken advantage of since I am a minority. Due to my accent or bad phone connection, the employer has misheard me  saying that they applied a loan instead of a house I own so they called me liar.

They told me on Sunday that they signed a lease on another house and wanted their "application fee" returned. The text from the wife was full of insulting and cursing sentences. I wanted them to calm down before I response to them and I did not reply. They followed up again yesterday and threaten me today.

One applicant thought I went overboard on screening them and asked too much for pets has threaten me trying to get their application fee and application form back. I have run credit report on the husband but not the wife. I have written comments on their application form while screening so I did not respond to them. The wife text me "If we do not hear from you by end of business day tomorrow we will be contacting the appropriate authorities". Have I done something wrong? How should I handle this situation? What they could do to hurt us? 

I only rent out our own second home. I am inexperienced in this business. Please help!

Thank you in advance for any advice you may give!