I have a tenant that moved in 11/1. She was transferring here for her job but also mentioned that her baby daddy (I hate that expression) lived here. I told her he would need to be on the lease but she said he had his own place.

We require two months SD plus first month's rent. She asked if she could pay the second SD when she moved in. It's a common request since our rents our high so I allowed her to pay the 2nd month's SD in two payments beginning on the 15th of Nov. she paid her first month's rent and SD 6 weeks in advance of moving in.

The 11/15 comes around and she calls to say she paid the 1st payment (which is true) but that it would be NSF and she'll take care of it in a few days. A week later I get a call from a fraud investigator for a large auto dealer in the city asking if I had sold this property. She tells me that my tenant and her BF bought a new car and put down own as opposed to rent but when she looked up the property I'm listed as the owner.

I called the tenant and she tells me they didn't say own (I believe the investigator) and that he is living there since he travels so much. I tell her he needs to be on the lease and to have him complete an app and send me his last 2 years of taxes. She tells me she doesn't want him on the lease since she's not sure about the relationship. I tell her she has 2 choices he gets on the lease or he leaves.

I have not received the 2nd SD and he hasn't filled out an app or his taxes. She pays 2 to 3 days in advance on her rent and my handyman went there to install new blinds and tells me the place looks great. I've decided I don't care that the place is being well maintained and the rent is on time. As far as I'm concerned she is in breach of her lease on 2 counts and she needs to go.

I'm torn between a 5 day cure or quit notice or simply going straight to her leaving. I do know that she will not leave quietly and will definitely resist but my tolerance level for blatant lease violations is at a low ebb. Your thoughts?

I think first I'd have a come to Jesus talk with her.

In person, with that five day cure in hand. Straighten it out it's your way or the highway

Right now you have no grounds to evict her. You let her split the security deposit up, and it's RARE that a judge would enforce that if she's paying rent.

If you can prove BF is actually living there, you might have a shot at evicting. My lease requires a tenant to provide proof of any "guest's" permanent living arrangements if I have reason to suspect they are not complying with the guest policy. Proof would be something like a signed lease, a recent bill or bank statement mailed to the guests' permanent address, etc. Also I require phone number and name of the LL or bank/biller so I can call and confirm they are legit.

What does your lease say?

My lease lists the permitted tenants and it has a $500 fine for each non-permitted occupants. I have in writing from her, both email and text, that has him living there.

The lease also stipulates the 2nd month SD with the payment due dates spelled out and the bank NSF statement along with no further payments for either the NSF and any additional payments. And her application acceptance was dependent on the 2nd SD so I'm not sure that the judge would let that slide.

It sounds like these folks are less than ideal. As it stands you have 6 months until the end of this lease, the smart way to play it is to wait and not renew in October.

An eviction will likely take 2-3 months, cost $$, may not be upheld, or worse. Plus this gives tenant every motivation to stop paying. Just wait and deposit your rent checks.

Fraud? Lying on application? Not paying deposit? NSF on rent?

5 day cure of quit or eviction filed for breach of lease:

1) Need complete application and fee so you can do background check on him. NO ONE lives in our properties without us knowing something about them! Lease states no other occupants except Tenant.

2) Payment Due: $XXXX or in breach of lease for failure to make payments when due.

3) Payment Due: $XX NSF returned check fee, plus certified funds in repayment.

Nicole said: if she qualifies on her own, why insist the boy friend be on the lease?

vee: In NC we are prohibited from applying funds first to anything other than rent if by doing that cause the rent to be late.

WMH: I agree. No one lives in my property without a background check. And I billed her for the app fee and sent an app for the BF. I haven't received the fee or a completed app

Recently many of us have replied to the "do you enforce your lease" post. While many of us admit that we may be more lenient at times with long term tenants we still need to be careful of staying in compliance with the basic rules. If I allow her to stay for 6 more months without curing these infractions I can be accused of discriminatory practices if I do not allow someone else to do this in the future.

It's one thing to allow a tenant who calls to say they'll be a few days late on their rent vs. one who flagrantly elects to ignore the rules stipulated in the lease.

I just remembered that she is studying to become a Realtor. An eviction could impede her ability to become licensed.

"Because, if she leaves, he'll still be there. If he's on the lease, you at least have a shot at holding him to it."

I have never had to evict anyone for anything other than non-payment of rent, which is always a slam dunk in my town unless the tenant has gone through all the legal requirements with hold rent--which none of them do.

I would be cautious, even if you intend to evict. Maybe a 5-minute chat with your attorney to get his/her opinion. Right now the occupants have not "damaged" the premises or done anything illegal, which I think are also pretty solid ground for eviction. Potentially causing problems isn't quite the same as "he causes these problems, Your Honor" and showing the photos of the punched in door and the crack pipe on the coffee table.

My attorney is the former lead judge for the civil court. I am waiting to hear from her when she gets back to her office.

"If I allow her to stay for 6 more months without curing these infractions I can be accused of discriminatory practices if I do not allow someone else to do this in the future."

Is there a paper trail of communication between you and her about him possibly living there? Is this a multi-unit property where tenants share info?

If not, realistically, I'm not sure how a different tenant could know that you even knew this extra person was living in the unit, and claim discrimination. Or how they would even know that any of this occurred at all, or prove it, if you just give a notice of non-renewal at the end of this group's lease, rather than evict.

NC,

OK...I guess it's up to you then.

She's not a tenant I'd want long term either (or in the first place, but that's water under the bridge now). But, as some of the others said, there's six months left to go, and they appear not to be damaging the unit. It may be worth overlooking it, and then give notice of non-renewal at the appropriate time.

"She's unsure if she wants him there and is afraid if he's on lease it will get messy."

She's being wishy washy. I can see why you want them out. Even if she dumps him and he leaves, she'll just try to do this again with a new man.

Sorry that you have these problems with your new tenant. This is why I NEVER hand over a unit unless the tenant-to-be has all of their move in costs prepaid, cashed and in my bank!

Many years ago in a down economy and owning "low income rentals" which attracted money-challenged-tenants, I had no choice but to give units to the "best qualified" applicant. Other wise my buildings would be half empty. Then it was better to get 90% of my tenants paying 75% of their rents without an eviction and issues.

This isn't only NC it is actually fairly universal throughout most jurisdictions:

length of stay generally 30 days but can be as little as 14 days

contributes to the household monetarily or by services

receives mail - even if they have their own residence

access to property i.e. has their own key

do not have a residence in their own name

unfettered use of kitchen

Scary isn't it? I'll bet some of you have "tenants" you aren't aware of

"Scary isn't it? I'll bet some of you have "tenants" you aren't aware of"

"You wont win an eviction based on not paying security deposit"

Actually I will. My attorney just sent a letter to cure or quit in 5 days. It requires full payment for the 2nd month's SD and the removal of the BF. She needs to provide a copy of a signed lease proving that the BF has another legal residence. the original offer to have him added to the lease is off the table.

Toss 'em

As a general rule I don't accept someone unless they have both rent and the deposit in hand, but in the rare case I do accept someone like that (Ie: fire burn out victim), I count the first money received as deposit. You can always evict for not having rent paid, but it is a great deal harder to evict for not paying a deposit.

My attorney used to be a judge in civil and handled evictions for years before leaving to specialize in LL/tenant law. She always reminds me it is simple contract law. If it's in the lease then it is enforceable. And, the tenant can't dispute her agreement since she made a payment even if it was NSF.

One of the things I love about Millenials is their propensity to text everything. They just don't get it is admissible in court.

Besides the other breach is the non-permitted tenant. they have until Tuesday to get him a place of his own amd to pay the 2nd SD. I'm betting against them.

NC,

Me? Zero tolerance. Either paid or not paid. No need for discussion.

Same with BF.

NSF?? We stopped taking personal checks long ago.

BRAD:

We don't take checks either. It was an electronic deposit which can still become an NSF.

the readers here are all chuckling as we've all made the same mistakes...hopefully only once.

rule one...month to month. there is no defense to a simple termination of tenancy. no eviction needed unless they remain. if they contest it's not retaliatory...it's due to breach of contract.

rule two...FULL deposits or no keys. IF THEY CANNOT AFFORD THE RENT AND DEPOSIT THEY CANNOT AFFORD YOUR RENTAL. it's that simple.

rule three...make them nod their head in agreement that no one moves in without permission. and an application and an app fee. not their kid, not their ma, not their soul mate...no one.

rule four...if they have a BS rap it's only the first of more to come. her desire to "not have him on the lease" is her problem, and now she's made it yours. who CARES what she wants...

many tenants have a very erroneous idea of their "rights"...when they bounce a check or stiff you there's not a court in the land that will not see it your way.

UPDATE:

Atty.sent a Cure or Quit notice within 5 days of posting. Required full pmt of 2nd SD and her BF had to evacuate. She could not meet either by the end of the 5th day.

The day she received the notice there was a flurry of activity on the SD pmt and her BF's credentials. I told her it was too little too late. She reluctantly agreed.

Her 8 week maternity leave begins this coming week so we compromised on the terms of her early termination:

She will pay her full 2nd month SD with her rent on 2/28

Her BF can stay through the end of her occupancy

She (they) will vacate on 5/31

She will forfeit her 2 months SD as ETF as set out in her lease

She must continue to pay her rent on the 1st of every month as she has been doing

The property will be left in the same condition as when she took occupancy

I will not give a detrimental review to potential LL's

Failure to comply with any of the terms of the signed agreement will result in an immediate filing for eviction.