Landlord Question and Answer Forum

I live in one of the units. Just purchased in June. One tenant has been just a little problematic, but I've worked with them to resolve issues. The other day, I was out of town and received a call from him saying that they rumour was that I wanted him and his sister out. I asked him if he's seen a notice from me, or if I actually told him I wanted him out. He said no. I said that was his answer, that I did NOT want him or his sister out. I told him to keep the place clean and pay his rent on time, and everything would be just fine. Did I handle this correctly? I have a suspicion that they have someone living with them that's not on the lease. I told him that would be a violation and that I would put notice for that if I could verify. How can I verify that someone is living there. When I confronted tenants, they said I was assuming. The guy is there with the female tenants baby (which is his baby as well) all day and all hours of the night because she works nights.

This is very hard to prove. One way is to see if there is an extra car parked overnight for many days in a row. If you supply any utilities such as water and the bill has gone up considerably, this is another clue. You can always send notice/reminder that the lease calls for only a certain number of occupants and having more than that is a violation.

Posted by Denise S, PA on Tuesday, July 28, 2009

Martin,you have to keep a eye out , what you don'T want to do IS START A INVASION OF PRIVACY LAWSUIT, Watch what you say and who you say it to and most of all do not give out any bad information . Do not threaten or trespass . I am telling you keep everything to a cordial hello and stop, any gossip.

Posted by Donald G, MA on Tuesday, July 28, 2009

Is there a sure-fire way to have proof of a person living in a unit that's not on the lease if the tenants deny it? If I had to go to court, would my word be enough proof, after I provided written notices to the tenants?

Posted by Martin T, WI on Tuesday, July 28, 2009

I would say you need some kind of proof, thats what wins cases , I would give notice about chechking say smoke dectors or somthing of that nature and look for anything suspicious, I mean sooner or later this person is going to be seen, but what about people sleeping over. Its a fine line about guests and it can get touchy. What happens if you catch them and he says there a guest, that why you state in your lease guest are allowed to stay only a certain amount of days if a tennant moves someone in on the slydespite the fact your rental agreement prohibits that and moves in furniture and clothing and recieves mail ,its best to take decisive action right away , if the tennant is reasonable then tell the tennant in a letter that the new roomate must move out immediately , It gets tricky because if you allow this sitiuation to persist the danger is strong this person could turn into a subtennant Iam not a lawyer but Ifyou do not want this person to stay make it clear in writing that you

Posted by Donald G, MA on Tuesday, July 28, 2009

will evict all occupants based on breach of the occupancy rules of your lease if the person doesn't leave immediately Is this person a baby , a woman or a man /? your letter has me a little confused

Posted by Donald G, MA on Tuesday, July 28, 2009

There's currently a brother and sister that are in their 20's. The sister has a baby. The guy in question is the baby's father. Supposedly he watches the baby while she works in the evening. I don't want to provide a notice unless I have enough proof.

Posted by Martin T, WI on Tuesday, July 28, 2009

Occupancy can be hard to prove but it is possible. Periodically, inspect units (smoke detectors, A/C filters, furnace ventilators, lock checks). Make sure that your tenant registers all vehicles with you so that if you see different or extra vehicles parked, you will know. A sudden increase in any of the bills that you are paying is a good sign. Instead of confronting verbally, send a written warning. If a tenant disputes, let them no you will not argue. If it continues, send an eviction notice according to your state's requirements. Let the judge decide. Usually a tenant does not want to end up in court and will comply. The biggest tip here is to investigate your tenants BEFORE they move in. If they are fibbing in the beginning they will be a problem. Make it hard for a tenant to lie. Ask for proof of income, past rental history and even visit them at their current residence BEFORE renting to them. You would be surprised what info this can offer.

Posted by Denise S, PA on Wednesday, July 29, 2009