Landlord Question and Answer Forum

I have a month to month rental agreement with a tenant in California. I have become aware of a person claiming residence at the address (and I have seen this person at the residence myself) that is NOT on the rental agreement. What action do I need to take? Do I confront the tenant in person and follow up with a letter or notice? Or do I just send a notice? And what notice do I send? I am fairly certain there are two other occupants living in the house that are not on the rental agreement but, I only have proof of 1. The one I have proof of is also a registered sex offender. Do I have any legal grounds for further action due to that fact?

You can send and post a notice. You would also want this to be seen by your actual tenant and the notice should be a cure or quit. They need to remove that other person or they themselves will be evicted. As for the extra person they are a trespasser and if you can prove they are claiming residence like mail addressed to them you can call the local police as someone is trespassing on your property.

Posted by Justin R, IL on Wednesday, November 12, 2014

Do you have any clauses in your leases about "guests"? Typically if someone else is going to inhabit the unit, you'd want to get an application from them and screen them. Then you can either accept or deny them. Also do you have a "no subletting" clause in your lease? Then the person cannot claim that they are subletting. What Justin said above is not correct -- if they are your tenants' guest then they are NOT trespassing. If you call the police you will look like an idiot.

Posted by Dawn A, WI on Friday, November 14, 2014