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 it’s going to be an issue, right? Should I serve tenant with notice to quit or ask for her to sign a lease? Thanks

By accepting rent, you have probably allowed her to become a tenant. You may have difficulty to get rid of her.

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.

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.

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.

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.

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.

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.