too many tenants--how to

tenant agreed by written lease, that it is just one person to occupy the second-floor, one bedroom apartment (himself). It is evident that he is housing his son, his daughter, and her two kids. As I do not live in the apartment building and I am not present 99.9% of the time, they get away with these dishonest and unlawful actions.

I am having trouble showing the first floor apartment to applicants, because of all the people there and the noise and the stuff in the back yard, as if they're taking over. I noticed on 4 occasions there, each time the extra people were there and staying overnight.

As I approached them, the tenant said that the admin was painting daughter's apartment, so she was temporarily staying with him until fumes went away.

When I spoke to the daughter on a separate occasion, she told me that they were treating for bedbugs (lovely). What are my rights, to prove this and GET THEM OUT? We are still in the year lease period (half way). --208.101.xxx.xxx

too many tenants--how to (by Mary [MI]) Posted on: Mar 31, 2012 6:42 PM
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It will be very difficult to prove that all these people live there, however, if you got a person to rent the lower unit that person could monitor the situation and go to court and all this would be documented and you would have a witness.

--99.62.xxx.xxx

too many tenants--how to (by Lois [CA]) Posted on: Mar 31, 2012 7:44 PM
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sounds like they've admitted the daughter is living there. What does your lease say about how long visitors can stay? --75.36.xxx.xx

too many tenants--how to (by Lenni [PA]) Posted on: Mar 31, 2012 8:00 PM
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code officer is coming to inspect soon...maybe he can shed some light --208.101.xxx.xxx

too many tenants--how to (by BRAD 20,000 [IN]) Posted on: Mar 31, 2012 8:34 PM
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Lenni - noooo!!! no code officer! The only person to get a citation or fine will be the owner - YOU!

Plus he'll write up all kinds of other stuff wrong with your place. Then he'll have to come back to check you've made the repairs.

Simply give them written notice: "unauthorized occupants must vacate by April 5, or eviction will be filed April 6. Management will inspect on April 5, at noon. No need to be present." --50.129.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Mar 31, 2012 8:53 PM
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THAT...is good advice. Thanks. --will get on it. Should I get a laywer? Attorney's fees are responsibility of the claimant who loses the case. --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Mar 31, 2012 8:53 PM
Message:

THAT...is good advice. Thanks. --will get on it. Should I get a laywer? Attorney's fees are responsibility of the claimant who loses the case. --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Mar 31, 2012 8:53 PM
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THAT...is good advice. Thanks. --will get on it. Should I get a laywer? Attorney's fees are responsibility of the claimant who loses the case. --208.101.xxx.xxx

too many tenants--how to (by BRAD 20,000 [IN]) Posted on: Mar 31, 2012 10:45 PM
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Lenni,

First thing Monday morning, call the inspector and tell him to delay the inspection because "this is a landlord/tenant dispute, possible eviction. You don't want to waste his time".

They don't like being dragged into a spat.

Know that he sill still drive by and observe it.

Lawyer - no. This is no biggie, just basic landlording/managing. Give them the written notice Monday AM. Only allow a few days fir them to remedy your complaint.

(her paint will be dry by then! hahaha!)

Lawyers' first job is to protect themselves, so they will only use the court and turn this into a bigger issue and big legal bill.

Solve this one yourself. Stay in control, control your voice, and don't let them intimidate you. No need to puff up chests or yell. A simple quiet letter. "thanks for your cooperation". --50.129.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Mar 31, 2012 10:54 PM
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--good deal...I will do just that! --208.101.xxx.xxx

too many tenants--how to (by proofstyle [PA]) Posted on: Apr 1, 2012 2:12 AM
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Brad has the right idea but PA requires 15 days notice to cure a non-financial lease violation. I like early morning pictures - two sets thirty days apart are very hard for the tenant to refute. --68.83.xxx.xx

too many tenants--how to (by hollis [MA]) Posted on: Apr 1, 2012 4:01 AM
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Whoa! First talk to a lawyer that is well versed in RE law in your state AND also federal discrimination law.

I also had a rental contract that said how many people would be in a very small studio.(1) Add to that, the town had a rule to how many people could be in that unit. (1)

The girl immediately moved in her new boyfriend and her two kids.Complaints about lots o noise from other tenants. My secretary sent her a note referring to the fact that she said she would be living there as a single and moved in her boyfriend and 2 children and asking in essences whats this about?

The mere one time MENTION of the kids cost me over 50K in defending myself in state discrimination court and several lawyers advised to pay it to keep it from going to federal court because it would cost at least that much even if I won to defend myself and it was possible I could lose the building and more.

Be very careful about references to the children. You probably can use other tools. If you already have made ANY reference to the children in anything written, I would get a lawyer on it and even pay them (off)to move. --74.106.xx.xxx

too many tenants--how to (by Virden [OH]) Posted on: Apr 1, 2012 5:10 AM
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Occupancy can be answered by a random call to the fire dept, you will prolly learn that 2 per bedroom and 1 on the sleeper sofa, it sounds like you are not in control so try to communicate with manager or get one who has experience in this size housing who can answer the questions about this, paint fumes in cool weather would seem a 2 day event, get a copy of the work log for the unit in question. --76.241.xxx.xx

too many tenants--how to (by lenni [PA]) Posted on: Apr 1, 2012 7:10 AM
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daughter does not live in my apartment building at all. I have no idea where she is supposed to be living. --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Apr 1, 2012 7:25 AM
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So far, everyone here on this problem question has totally differing opinions. What;s wrong with this picture? --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Apr 1, 2012 7:25 AM
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--guess I get a lawyer... --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Apr 1, 2012 7:28 AM
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Shall I wait for the building inspector to to come in and take pictures of theh inside and the people? Smile...you're on Candid Camera? --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Apr 1, 2012 7:48 AM
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Proofstyle, I don't have that information about the 15-day requirement to cure a non-financial solution in PA. My LL guide states 5 days and then 25 days to a hearing. --208.101.xxx.xxx

too many tenants--how to (by Lenni [PA]) Posted on: Apr 1, 2012 9:32 AM
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--decided to post and mail by certified--a notice to perform covenent (with 15-day notice to rectify), regarding unauthorized tenency. Nothing in writing about children, whatsoever...

--have to take action, due to safety hazard, for one of many reasons. Thanks for the input...these issues become sketchy, and I don't understand why it should be so conflictual. --208.101.xxx.xxx

too many tenants--how to (by Kyle [IN]) Posted on: Apr 1, 2012 10:02 AM
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Keep this simple, they have unauthorized people living in the unit in violation of the lease. Occupancy laws and guidelines don't matter for this case. --71.194.xxx.xxx

too many tenants--how to (by BRAD 20,000 [IN]) Posted on: Apr 1, 2012 11:03 PM
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Timid LLs have skinny kids (underfed) with holes in their shoes. DO NOT be intimidated by deadbeats.

Each state has a legal time line for "Pay or Quit" or "Notice to Cure" notices. I do not advocate breaking any laws.

BUT it is not against the law to ask them to cooperate in 3 days to avoid legal action. "All extra persons must vacate on or before 3 days. If not, legal action will be taken." That's when the state time limits

In the real world, I give them a few days to cooperate. I offer to help them move, to help them BEFORE the child welfare folks some to inspect, BEFORE the sheriff drags their stuff out...

If they don't act or they turn belligerent, I start the official legal processes.

An atty would have to START with the 15 day course. YOU are not bound to start with that and can solve this quickly and for free.

The legal word is "persons" - never "children" like hollis said. --50.129.xxx.xxx

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