Landlord Question and Answer Forum

I would like to know what recourse I have if the non renewal of the lease agreement was given to the tenant. They are to be out by 11/30/12. However, the tenant is the boyfriend of my daughter, an occupant of the same home the tenant is being non-renewed for. There is a written agreement between the daughter and her parents (who all 3 are on the title of the home) that says the daughter will do whaterver her parents want to do in dealing with the home. What if the boyfriend, in order to not have to move his furniture and belongings, 'gives' all his belongings to the daughter? What can I do?

If a tenant is given a non-renewal, then the lease is not renewed and they must vacate. If they do not vacate, then you would need to more forward with eviction. If the home is still rented by someone else and they are given possesion of items, its not really a concern of yours, esp if the lease is renewed and rent is paid.

Posted by Jessica B, MD on Thursday, October 18, 2012

Clarification: You, husband and daughter own home. Boyfriend moved in with daughter and signed a lease agreement. Now someone (who?) does not want to renew lease with boyfriend. Are you also stating that boyfriend is willing to move when lease terminates only if he can give “all belongings” to your daughter? Do you know why?

Posted by Bob R, CA on Thursday, October 18, 2012

Yes, husband, daughter and mom own the home. boyfriend moves in and signs a month to month lease with my husband and myself. Daughter just lives in the home with boyfriend. Husband and I have already told boyfriend we are not renewing his lease. He has moved tons of stuff into the home. Daughter is mostly on his side of the fence. our biggest reason for not renewing boyfriend lease is so he has to get all his stuff out of the home...second that he has not paid the october rent. Our fear is that boyfriend 'gives' all his stuff to daughter just to 'spite us' so he doesn't have to move it out! Since house is 1/3 hers, she can take his side and keep the stuff in the house for the boyfriend. I'm guessing boyfriend is not going to leave peacefully on Nov 30. Also, do you know if when lease is up on Nov 30, can we enter the premises on Dec 1 even if he has not vacated? Thanks for your input!

Posted by Karen H, SC on Friday, October 19, 2012

Jessica, thanks for your input. see my above reply. Mom and dad have the lease with the boyfriend. Daughter lives with the boyfriend in the home. boyfriend has tons of his stuff all over the house and garage. boyfriends lease has not been renewed for Dec. Our fear is that boyfriend 'gives' all his stuff to daughter just to spite us so he doesn't have to move it out. Will bet boyfriend does not vacate peacefully on Nov 30.

Posted by Karen H, SC on Friday, October 19, 2012

Can I enter the home when lease ends even if tenant did not vacate?

Posted by Karen H, SC on Friday, October 19, 2012

The bad news is that she is part owner. These are my thoughts on your situation……Your agreement with her about the home pertains to the home only. In other words, you have say in improvements to the home. However, you have no control how she runs her life and that includes who she has at her home or how long invites can stay. That includes what items are stored at the home, as long it doesn’t violate any laws….. I would say that you have no right entering the home since that’s your daughter’s residence and you were not invited. I’m not sure how much weight the lease has other that stating he was agreeing to pay rent. When the lease terminates, your daughter has the right to allow him to stay as a guest…. This is an example of why parents should not have children listed on Title as owners. If I was in your shoes, I would try to get your daughter to Quit Claim her ownership to you (I’m assuming she’s not on the mortgage loan). Be creative in your reason why this needs to be done. This places the property back in your control and given the current situation, she could be given notice to move or evicted. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

Posted by Bob R, CA on Friday, October 19, 2012

yes, she is part owner. how do I go about 'Quit Claim"? I think I can get her to do that, as long as the bf doesn't know what's going on. She's already looking for another home and it's likely that she'll need a downpayment to make a purchase. If we get her to Quit Claim, we can tell her we'd give her her portion of the downpayment on the current home for her to use on her next purchase. She is on the mortgage too. How does that effect things?

Posted by Karen H, SC on Friday, October 19, 2012

I read up on the quitclaim. how long does this take? It sounds like you go to an attorney, everyone signs and that's it. Can it be that simple?

Posted by Karen H, SC on Friday, October 19, 2012

I just checked on the status of the certified letter I sent the tenant. A notice was left, so he obviously did not sign for it. I also sent it regular mail to my daughter and the boyfriend. The post office says he'll get another notice in 5 days. After 15 days the letter is returned to the sender. So what's the purpose of sending it certified he he doesn't sign for it or go pick it up and it's returned to me?

Posted by Karen H, SC on Friday, October 19, 2012

Q1...Her being on the Mortgage make her responsible for payment and will affect her ability to purchase another home, depending on her income/credit. Quit Claims does not relive her of the mortgage liability. If you and hubby don’t pay, she will have to. To remove her from mortgage, you will have to refinance…..Q2…Yes, it’s that simple. Call a title company that processed the purchase of the home and ask them if they can do it for you. If not, ask them for advice. There will be a cost, but cheaper than a lawyer. Each state if different…..Q3…As mentioned earlier, I don’t think you can evict him or her. She owns the property and has every right to live there as well as having invites. I don’t believe you have any rights to tell her how to live her life. I also believe the lease is worthless other than him agreeing to pay you for staying there. Think of it as a loan agreement. If he doesn’t move, your only option to have him evicted. However, I’m not sure you have ground to do this, because of your daughter owning/living there. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com.

Posted by Bob R, CA on Friday, October 19, 2012

refinancing isn't a big deal for us. We've done it dozens of times for the homes we've owned and re-financed. We may actually get a better rate! Got to look at some bright side! It sounds like it may be up to the judge. Our attorney doesn't seem to think we can't evict him. If I recall, the title company was through 'our attorney. Thought, if we can't evict him because she can invite him in, we own the house too, so why can't we move in there too? That's extreme, but why can't we? If our agreement with him isn't a lease, then he doesn't have any tenant rights, right? We can tell him he's trespassing...the daughter will say otherwise, but we all own the property.

Posted by Karen H, SC on Friday, October 19, 2012

refinancing isn't a big deal for us. We've done it dozens of times for the homes we've owned and re-financed. We may actually get a better rate! Got to look at some bright side! It sounds like it may be up to the judge. Our attorney doesn't seem to think we can't evict him. If I recall, the title company was through 'our attorney. Thought, if we can't evict him because she can invite him in, we own the house too, so why can't we move in there too? That's extreme, but why can't we? If our agreement with him isn't a lease, then he doesn't have any tenant rights, right? We can tell him he's trespassing...the daughter will say otherwise, but we all own the property.

Posted by Karen H, SC on Friday, October 19, 2012

Karen, listen to your lawyer. I would not waste my time going to court over this issue….You may still may be able to bypass the lawyer. Don’t assume. Call the Title Co and find out….. The good news is moving in is one way to handle it. You have that right. Just give proper Notice of your intent…..The bad news.. she can still have him move in and there isn’t much that can be done…..Try and work things out. Get her to do the Quit Claim, Refinance, pay her back her investment, and be a loving family. No matter what, she is your daughter and “you gotta love her”. We all have made judgement errors. True, some more than others, but that’s how we learn. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com.

Posted by Bob R, CA on Friday, October 19, 2012

This was originally post under the wrong topic. Sorry.....Just keep in mind that she is 1/3 owner and has as much rights as you do with the property. I believe she may even have the right to force a sale or have you buy her portion out. Just hope she doesn't talk with someone that may offer her suggestions. I believe the way to rest at night is to have her do a Quit Claim to the property. You can always leave the property to her when your time comes. There's also tax advantage to receiving property via a trust vs being an owner....Best wishes. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance Posted by Bob R, CA on Friday, October 19, 2012

Posted by Bob R, CA on Friday, October 19, 2012

Thanks for all your input. I think the quitclaim is the way to go. She is already talking about moving to a place she can afford on her own, so this would be perfect to bring this up. She can't buy another property with her name on the current mortgage, (her credit is excellent, but she doesn't make THAT much. So if we refinance, she's off that note and can go buy another property. It's to her advantage. For refinancing, she would have to quitclaim. Certainly reasonable thinking. We may wind up refinancing and turning the property over to a property management co to rent it for 6 months vs selling in today's market.

Posted by Karen H, SC on Saturday, October 20, 2012

I want nothing more than to be the loving family. Our relationship is still pretty good on all other fronts...just not on the bf topic. I pray everyday she sees the truth.

Posted by Karen H, SC on Saturday, October 20, 2012