Tenant Gone, New Person (by George [DC]) Mar 20, 2012 11:28 AM|
Tenant Gone, New Person (by Virden [OH]) Mar 20, 2012 11:40 AM
Tenant Gone, New Person (by Moshe [CA]) Mar 20, 2012 11:44 AM
Tenant Gone, New Person (by J [IN]) Mar 20, 2012 12:18 PM
Tenant Gone, New Person (by Echo [GA]) Mar 20, 2012 12:24 PM
Tenant Gone, New Person (by Opinionated [NC]) Mar 20, 2012 12:50 PM
Tenant Gone, New Person (by Robert,Ontario,Canada [ON]) Mar 20, 2012 1:54 PM
Tenant Gone, New Person (by Mike45 [NV]) Mar 20, 2012 1:57 PM
Tenant Gone, New Person (by LL [AZ]) Mar 20, 2012 2:21 PM
Tenant Gone, New Person (by S i d [MO]) Mar 20, 2012 2:28 PM
Tenant Gone, New Person (by LL [AZ]) Mar 20, 2012 2:32 PM
Tenant Gone, New Person (by Echo [GA]) Mar 21, 2012 7:07 AM
Tenant Gone, New Person (by Chris [VA]) Mar 21, 2012 9:22 AM
Tenant Gone, New Person (by Moshe [CA]) Mar 21, 2012 10:39 AM
Tenant Gone, New Person (by Laura [MD]) Mar 22, 2012 9:11 PM
Tenant Gone, New Person (by George [DC]) Posted on: Mar 20, 2012 11:28 AM
I have male tenant that is on a lease for a one bedroom until August 2012 (i.e. he is the sole tenant). I kind of knew his girlfriend stayed over a heck of a lot, to the point that it was daily. Was surprised a couple of weeks ago when rent was being paid by her check instead of his. But I still cashed the check anyway. Now I find out (without them knowing) that my male tenant moved out but let his ex-girlfriend stay behind (she is not on the lease). And now she has her new boyfriend living with her.
So now I have two persons who are not on the lease living in an apartment and the guy who was on the lease left. My male tenant on the lease never notified me he left. What should I do? Current tenant pays on time but I think itís going to be an issue, right? Should I serve tenant with notice to quit or ask for her to sign a lease? Thanks
Tenant Gone, New Person (by Virden [OH]) Posted on: Mar 20, 2012 11:40 AM
I would ask for a security deposit and lease, can you inspect the old damage with the new person already in? Does the new person think the deposit transfered - if yes so does the old damage so inspect and bill for repairs now and let them start with a clean start, otherwise your claim will be defending old and new damages and there is no way to do this once a new person gets cozy. --76.241.xxx.xxx
Tenant Gone, New Person (by Moshe [CA]) Posted on: Mar 20, 2012 11:44 AM
By accepting rent, you have probably allowed her to become a tenant. You may have difficulty to get rid of her.
Tenant Gone, New Person (by J [IN]) Posted on: Mar 20, 2012 12:18 PM
I would start with an application from her and whoever else is living in your unit. --67.236.xxx.xxx
Tenant Gone, New Person (by Echo [GA]) Posted on: Mar 20, 2012 12:24 PM
If you want to keep her, get an application on her and the BF. Also get a new lease signed and a new SD. Check for any damages. --98.94.xx.xx
Tenant Gone, New Person (by Opinionated [NC]) Posted on: Mar 20, 2012 12:50 PM
The good part is that the rent was paid. Work forward from that. Retaining paying occupants is very desirable. --66.226.xx.xxx
Tenant Gone, New Person (by Robert,Ontario,Canada [ON]) Posted on: Mar 20, 2012 1:54 PM
By accepting rent where a cheque was cashed one has started a tenancy with a tenant. There is not much one can do now. Hope the rent is paid and there are no issues with the new person. Now it is impossible to run a credit check. This is very common in jurisdictions where there is a shortage of rentals. If there is rent control then the vacancy rate is low or no vacancy rate at all. --74.220.xxx.xxx
Tenant Gone, New Person (by Mike45 [NV]) Posted on: Mar 20, 2012 1:57 PM
I would keep taking the rent. That's what it is all about!
I would send a letter to her, telling her that I need to have her and the current boyfriend complete an application for my files, just so that I can name them in the eviction papers if and when it comes to that.
Tenant Gone, New Person (by LL [AZ]) Posted on: Mar 20, 2012 2:21 PM
I would mostly agree with Mike, except that I would make a personal visit. Tell her that you understand there has been some changes in the living arrangements and that you are happy to have her as a tenant, but that you need to have her fill out her "information sheet" (give her an application and pen, and have her do it right then) AND that you need to have her sign a new lease which can be MONTH TO MONTH or yearly whichever she (or you) want.
I would use the word "information sheet" and tell her that since she's already been living there and paying the rent on time and that she is "approved" but you need to know how to contact her and who is living in the unit.
Let her know the rent won't be changing - and that everything is OK. That you just need to keep your records in order.
TAKE A CAMERA PHONE PICTURE OF HER (AND BF'S) DRIVERS LICENSE.
Also that the BF has to fill out his "information sheet" if he is going to be there more than three days a month.
KEEP IT NICE AND SIMPLE! (If possible.)
I personally would go m2m, in case things go south.
If she balks, NICELY explain that it's not a motel and you have to know who is residing in your property, also in case of fire or other issues you need to be able to contact her or her relatives.
If there is no cooperation, then explain that while she is very nice she is basically squatting and tresspassing and that if you can't reach an accord you will have to file an eviction on the former tenant and all "John and Jane Does" occupying the property.
Always include John and Jane Doe, or "all unidentified occupants" or whatever your local court uses. You file against the named members of the lease, but unless any unidentified occupants formally "join" the case by filing an answer and adding their name to the eviction - once you get possession the sheriff will remove anyone on the property.
Once you get the papers signed I would give her a handbook with the "house rules" and standards expected of tenants so she knows your policies and how to reach you in case of emergency.
This is a good lead in - drop by, give her your business card and explain who you are and you wanted to be sure she had your phone number - THEN lead into the "information sheet" (application) etc. --76.90.xx.xx
Tenant Gone, New Person (by S i d [MO]) Posted on: Mar 20, 2012 2:28 PM
I like LL's perspective on this; however, I would add this one caveat. Be very diligent going forward. This current 'tenant' or 'resident' or whatever has it in her mind that they've basically gotten around the rules and that could be trouble going forward. I'd explain to them--using very simple language--that if any more of this move-in / move-out stuff happens it must be documented and handled immediately or there will issues.
You were kind of sloppy on this one, and I hope it doesn't bite you. Time to freshen up that Land lord ALDO's rule # 1: "The land lord is in charge, the tenant is not." --208.70.xxx.x
Tenant Gone, New Person (by LL [AZ]) Posted on: Mar 20, 2012 2:32 PM
Also - ASK her if there is anything SHE needs? Tell her that at a mutually convenient time you "would like" (choose soft words) to check out the plumbing (be sure not to say "her plumbing... LOL) and service the AC and water heater, etc for her.
That will hopefully get you inside where you can assess the situation better.
If she's smart and has any class she will invite you in. The place will be spotless and she will have nice furniture and offer you tea and crumpets or a beer. --76.90.xx.xx
Tenant Gone, New Person (by Echo [GA]) Posted on: Mar 21, 2012 7:07 AM
Some of you are concern that she paid with her check last month. But lets say the LL didnt know that the boyfriend had moved out and her and new BF in. Would it matter who paid? What if a tenant's parent paid their rent, that shouldnt mean I know have a lease with the parent. Or say a sugar daddy pays it. --98.94.xx.xx
Tenant Gone, New Person (by Chris [VA]) Posted on: Mar 21, 2012 9:22 AM
LL's advice here is stellar. Who knew that landlording could turn us into politicians? I would probably send a follow-up letter or e-mail with Sid's caveats, using "soft words", a few days AFTER all of LL's recommendations have been followed.
If all goes well, I would let her know in that e-mail that technically she had been squatting or trespassing, and that you were happy that now everything has been done legally, which will protect her and prevent future legal problems for her.
I would spin this for her to see that this is for HER benefit, and that similar situations in the future should not occur, as they would cause legal issues for her. --70.105.xx.xx
Tenant Gone, New Person (by Moshe [CA]) Posted on: Mar 21, 2012 10:39 AM
Yes, it matters who paid.
If you accept money from someone as rent, then they are a tenant.
If parents pay, then they are tenants. The cancelled check is evidence of a contract.
If S-D pays (and you accept it), then he may have rights to live there, and you would need a court to declare his tenancy ended.
Tenant Gone, New Person (by Laura [MD]) Posted on: Mar 22, 2012 9:11 PM
Because you I've in DC I would find out what the DC law is in this area. DC is SO pro tenant (& I live in MD another pro tenants state & I think DC is way more) that I would be afraid to use common sense in this area. --71.191.xxx.xxx