What do you do if you suspect an unauthorized person living in your rental? Say the renters are a couple who bring in a third person to help with rent. I am thinking to let it slide since there are no apparent problems at inspection. What are the downsides to this approach?

Hi Rock.. I practice in Oregon.. and I'd advise against doing nothing..

A typical event would be .. the tenants move out and you are stuck with this person..

I't a civil matter so the police typically not remove the person..

You'd need specific language in the rental agreement to even start to defend..

Such as defined length of stay for non tenant (guests)

Commonly it is 7 days in 6 months..

Thanks

To "let it slide" puts the tenant in control of

your rental and just sends a message to them that

they can do what ever they want that you don't care.

You need to address it. Maybe tell them for an extra

person there will be an added $100 a month charge.

Remember this extra person is putting wear and tear

Ask for proof of the person's current living address: a utility bill, bank statement, lease agreement. If they cannot provide one, odds are the person is living in your unit. But bottom line is technically you cannot PROVE they are living in your unit unless they start having mail delivered there, and good luck with getting them to allow you to rifle through their mail.

So I take the carrot approach vs. the stick...

I try to sell it to the current tenant as it being to THEIR advantage, even if person isn't causing any problems. I ask, "What if something goes wrong and you decide you no longer want person-X living there? If you've allowed them in, then I can't help you kick them out without kicking YOU out. Also, you become 100% responsible for whatever person-X or person-X's guests do, but on the flip side person-X isn't responsible for anything your or your guests do. Basically, this person gets all of the advantages and none of the responsibilities. Is that what you REALLY want?"

I assume that you are otherwise happy with the tenant couple and would prefer not to loose them as tenants. In this instance, I have a "friendly reminder" letter I send to tenants. It starts off saying that we are happy with him/ her as a tenant but that we need to remind the tenant of a certain rental agreement clause. I then insert the clause I believe is being breached and ask (in this case) if anyone needs to complete a rental application to be added to the rental agreement. The letter ends with a statement that we hope the tenant chooses to remain in our apartment, but that we understand that people lives change and that the apartment may no longer meet their needs. (We only do MTM, so it is simple.) So far this has worked. If it didn't work, I would proceed to a formal "cure or quit" legal notice.

If I don't like the tenant, I would just issue a cure or quit or a 30 day notice.

I just evicted an unauthorized occupant. Guy moved in, then his wife moved in. She was not on the lease and never mentioned until after he had moved in. Then, he moved out (domestic issue? police were called at one point) and she stayed. I sent them a form to add her to the lease, but they never completed it. Evicted for non-payment and listed both names "and all occupants" on the complaint. The moved before the constable came to remove them, but I don't think our constables would care who was on the lease once there is a possession writ issued.

asking for utility bills or a lease for another premises isn't a good gauge ... these type people live with others and move around. They probably have never had either of these. Drivers licenses are issued at mom's house - even though they haven't lived there for 15 years - it's a permanent address.

Counting tooth brushes is even worse. Vee - I live alone. Right now if you go to my bathroom there are 3 tooth brushes - my battery operated one, my regular one and my significant other's. My hall bath has 6 tooth brushes - five of the grandchildren have a tooth brush here and my one daughter who brushes her teeth every time she eats something has one here.

I've got a high chair, a crib. I've got what is clearly a child's bedroom with bunk beds and toys. I've got a man's slippers under my coffee table right now and his flip flops on my back porch. I think a pair of his shorts and a t-shirt are thrown across the wash line near the washing machine. He gets mail here .... I get mail at his house. I've got kids chairs and toys in my yard.

Anyone coming in this house would not think one person and one old cat live here alone... but I live alone ... this house is never empty and I am seldom alone.

now up I go to wash the dishes - because there were 5 people here at breakfast time.