Landlord Question and Answer Forum

Tenant signed my PA lease for 1 person in a bedroom, himself. The Tenant was told there would be a fee for overnight guests and agreed to it in advance. Twice the overnight guests stayed in an unoccupied bedroom, which has been rented out in the past. Twice, 2 different guests stayed in his bedroom. This is a dwelling unit on private property, where individual bedrooms are rented to unrelated parties, who share common living areas. Now, this Tenant is balking at the payment and demanding his $$ back. Thank you for any help you can give to clarify this issue......

Ruth...I have a few questions. Is it written in the lease that there would be a fee and the amount for overnight guest? If the unoccupied BR was rented, where would the guest sleep? What part of his $$$ is he demanding back and why? How long are the leases for?

Posted by Stan M, CA on Tuesday, January 26, 2010

Thanks for responding, Stan..... The Lease is monthly. If the unoccupied BR were rented, the guests, a couple with a child, in this case, would have no other place to sleep, but the Tenant's bedroom, which would not have been possible. The Lease says, arrangements for overnight guests need to be made in advance. The arrangements were made in advance and the Tenant agreed to them....... Ruth

Posted by Ruth H, PA on Tuesday, January 26, 2010

Stan, forgot to mention, the Tenant says he can't afford a fee and should be able to guests stay at any time for no fee, therefore, he wants to bring in overnight guests, at will with no fee. Thanks for your help, Ruth

Posted by Ruth H, PA on Tuesday, January 26, 2010

My pleasure, Ruth. Check with the local government and/or housing authority. They have guidelines for how many people are allowed per sq. ft. Remind the tenant that he agreed to the terms. Also say to him "And I can't afford to allow extra people staying due to wear and tear on the property. That's why I have a fee." Tell him he agreed to the lease terms and if he's changed his mind, he's free to leave. You may or may not require a 30 day notice...that's up to you. Hopefully, you collected a deposit. AFTER he leaves (not befpore), send him the balance minus the fee (if not paid) and others required charges. Sometimes it's best to let a tenant like him move on. You may also consider having an addendum stating the rules for your type of arrangement and have them sign it. This reiterates the rules and tenant would have a difficult time stating they don't remember seeing it in the lease. Just a thought. Keep us posted.

Posted by Stan M, CA on Tuesday, January 26, 2010

Thanks, Stan, for the great advice. Shall keep you posted. Love your idea about an addendum..... Ruth

Posted by Ruth H, PA on Tuesday, January 26, 2010