All Forum Posts by: Jon K.

I'm about to be looking for a new tenant to fill 1 bedroom in my home. It is shared living: tenant bedrooms have access to shared kitchen, laundry, living, etc. You may remember that I've had issues with a tenant using profanity, having over a month of overnight guests (not concurrently), damage, not cleaning up after self, not paying on due date, etc. I want to nip it in the butt for the next tenant and be clear about my expectations and follow my lease to the letter.

Type of dwelling:
House. I live here, as do tenants. Each has own bedroom, some shared baths. We share common areas, including entry door.

Lease rules... can I (and should I) do the following? Should I not include any of these? Is there anything else I should include?

- Trash should not accumulate in common areas; tenant will be charged for cleanup without notice if trash accumulates. Dishes should not accumulate in sink.
- Repair requests should be made in writing.
- No more than 2 overnight guests of the same gender per month. Nights do not accumulate and are not transferable among tenants.
- No overnight guests of the opposite gender (house is all same-sexed at this time)
- No overnight guests under the age of 18, as this is shared adult living
- No smoking on property
- Rent is due the 1st of the month. After 5 p.m. on the 5th of every month, a $50 late fee will be assessed. (Can I make the late fee the 2nd of the month?)
- All damages caused by tenant or tenant's guests will be collected prior to the following month's rent. All rent monies for the following month will be applied first to tenant damage's, then to rent.
- Lease is month-to-month with 30 day notice on either side to vacate.
- Illegal, loud, harassing, abusive profane or otherwise disturbing conduct by the Tenant or guests of the Tenant shall be attributable to the Tenant and shall constitute a violation of the terms of this Lease.
- Pest control is not provided by landlord.
- Common areas should be quiet after 10 p.m. to not disturb the piece and quiet of other residents.

Is there anything else I should include in a shared tenant/landlord dwelling like this (aside from the standard lease terms, such as damage and indemnity and so on)?

I want to follow fair housing, and make this a happy, clean home where everyone is comfortable and my property is well-kept. Since I also live here, it is my understanding that I can select a same-sexed tenant as well as not have kids/other sexed overnight guests. I don't feel that shared housing is the place for minors under 18 (I'm not comfortable staying in a house with strange kids), nor for other-sexed guests (liability, making tenants and me uncomfortable, etc.).

Also, I include utilities, since we all live here and I don't see a way to divide them. Can I make a clause saying that "reasonable utilities" are included.? My utilities average $500 month or so. Should I include "2 laundry loads per week included" or is that pointless? I don't want to get screwed by utilities, but don't want to be needlessly nit-picky.

Should I require splitting the cost of a maid for common areas, or just make everyone take turns cleaning? History tells me that taking turns might not work.

Thanks for any insight. I'm hoping to make my lease more applicable to shared tenant/landlord living, and give myself a way to enforce the above, particularly about late night noise and guests. I'm mostly concerned about the 2 overnight guests a month rule and if I can disallow other-sex or kids staying here. And, if I can apply rent money first to damages then to rent.

How can I not renew a lease for a tenant?

The situation:
- Shared housing (as in, it's my house, and I have roommates/tenants)
- Tenant rents out one bedroom, has access to shared living spaces
- Tenant's 1 year lease will expire in a few months. I wish to NOT renew.

Do I tell tenant I will not renew, no explanations?

Can I not renew if I plan to re-rent the room?

Do I raise the tenant's rent at lease renewal time to encourage tenant to leave?

Tenant has been a huge pain all along. Tenant has a long commute, and I said I would consider cutting the lease. Tenant has not found a place yet (tells rooomates they either won't accept tenant's pet, or other places are too expensive).

I want this tenant gone at the lease end.
No amount of money would make me want to renew.

While there has not been cause to evict, tenant has been a pain:
- Tenant pays each month, but not on exact due date.
- Tenant damaged property during move in (in the $500 range, deposit was $200 range)
- Tenant's pet caused damage to multiple doors and windows. When discussing (telling tenant that damage must stop), tenant raised voice and used profanity, refusing to crate or resolve pet damage problem. After another pet incident on another day, tenant again used profanity. This time, I told tenant that I can't be responsible for the pet. The pet needs to stay in tenant's room/area of house, and that using that language is not appropriate. Tenant was told to find a way to stop the pet damage or find another place to live. Tenant tried to bring up personal attacks, like "you're inconsiderate." My response was that if you're not happy here, you don't have to stay.. but if you stay, the pet damage has got to stop.
- Tenant is messy and does not participate in agreed "roommates take turns cleaning"
- Tenant is loud late at night in shared common areas
- Tenant has had excessive houseguests stay here (more than a month's worth in less than a year)
- Basically, tenant has had a bad attitude the whole time, as well as causing damage. I wish to minimize damage that this tenant might do out of spite, and get this tenant out after their lease is over.

Do I give 60 days notice that I will not renew lease and to vacate by lease end?

For future reference, should I have evicted (could I?) How do you handle immature tenant's who use profanity and raise their voice to you? Do you allow them to stay?

Thanks for the replies.

I had not considered that it might be considered a boarding house. It's a house. Each tenant has a private bedroom. This tenant has private bathroom. Other tenants (2) share bathroom. All bedrooms are accessed by walking through common areas (shared living, kitchen, laundry). One entry door to house. No locks on interior doors (lease says they can install interior locks on bedroom doors, at their choosing).

Do I start charging all tenants late fees now?
Do I tell them "I should have followed the lease from the start. Please review the lease, and note the late rent fees."? I wonder, is a few days late on a payment better than no payment?

This tenant has a one year lease, and we are halfway into it. The tenant has not been a pleasant one in terms of personality and dealings with them. My concern is damage, care of house, late rent, and (to a lesser extent) the keeping clean of common areas. Would you keep such a tenant?

I will search for contractors to repair the damage and give them the bill. How long do I give them to pay it? Do I have to give them the opportunity to let their guy attempt repair, since that is what they suggested be done when I discussed the damage with them when it happened earlier in the year?

Living with tenants is definitely a bad idea. It is my first house, and I wanted to share expenses. Mistake.

I am both the landlord and roommate, dwelling in a house with multiple roommates.

I have a few questions:

1) Tenant has paid, but been late with rent every month.
I have not yet assessed the late fee ($30) that is specified in lease. Should I? Tenant pays a few days late each month, but less than 5 days late (after 5 days, I accept certified check, at my discretion of continuing lease or not). Should I always assess late fee no matter what? What problems have I caused by not assessing late fee?

2) Tenant has caused damage during move-in. About $500 worth.
I have not yet billed them or repaired (it's flooring damage- aesthetic, but not a vital repair). How should I handle the repair? Tenant said their uncle would fix it. How long should I give them to repair it? Should I have my own contractor out to fix it, then send them the bill? Do I notify them of my intent to repair and send them the bill? (The lease states they are responsible for all damage.)

3) As a roommate, the tenant's messiness is a concern. It is leaving storage items out throughout house for months, or leaving dirty dishes out. As a landlord, dishes aren't a problem- but as a roommate, cleanliness is important to me. How do I balance being a roommate and a landlord?

4) Can I do a landlord check after the person has already moved in? Would that be completely pointless?
I made a huge (HUGE!!!) mistake by not checking previous landlord references. The tenant did invite me over to previous residence to select furniture for our home, and property was messy-- did not appear damaged. Tenant said they had never been late on rental application. Is a landlord reference check a moot point after move in? Should I do a check now to see what I've gotten myself into? I'm curious if tenant had been late every month at previous residence like they have been here. Am I allowed to do a landlord reference check or credit check after move-in? (I would imagine that I could, but since I approved them, they moved in.)

What would you do?

Is a few days late on rent every month reason to terminate someone's lease (my contract/lease gives me that option)?

Is it worth going to that extreme? I am most worried about regular late rent, as well as damage. As a landlord, I would prefer tenants who pay on time and keep property clean and without damage. As a roommate, I would prefer a roommate who is clean, pays on time, and is a better roommate match for me (clean, pays on time, picks up after themselves, quiet in common areas).

I am also worried about how this tenant affects my other tenants, in terms of cleanliness, noise, etc. I'm both a roommate (housemate) and a landlord, and am having a hard time balancing both.

Any advice for a new landlord/roommate?