Landlord Question and Answer Forum

We signed Leases on 2 seperate apartments. The first was for a mother and her 2 children and the second was for a mother and 3 children. NOw come to find out each one has moved in their boyfriends and an extra child. I do not see anything in the lease about this, but the apartments are not big enough to accomadate the extra people. Can I do anything and if so what?

A lease usually specifies the tenants/occupants. If these "extra" people are not listed on the lease, I would send a notice of violation, that requires your tenants to comply. If they do not have the occupants leave after that, you can file fo eviction. You may also see if there are occupancy laws in your city/state. If there are than you may go that route as well. In the future it is always good to include in your lease some kind of occupancy clause to protect yourself from this in the future. I believe this web-site has such a clause in their lease.

Posted by Donna , NC on Tuesday, September 9, 2008

For anyone who has had trouble with this. The town we have our apartment in has no zoning or occupancy laws! The only law on the books is that we are to provide each tenant with ample parking. We should have checked this before because we did not put a occupancy clause in the leases. I did find out that if the boyfriend wants to stay, we can make him sign a lease and charge him an additional fee if we choose to do so. THank goodness their lease is up ion 3 months, than we can make some changes.

Posted by Rick S, PA on Tuesday, September 9, 2008

Future tenant wants to not include boyfriend on lease, but states he will be living there. Should I be concerned?

Posted by Shirley F, LA on Friday, October 3, 2008

One of the concerns I would have is the reason that your tenant wants to do this. Does this boyfriend have a criminal background? Will you have to worry about domestic problems? I think the route I would go is to list this person as an occupant rather that the tenant. This way you have a record that he is living there and you will not have your tenant moving in anyone and everyone.

Posted by Denise S, PA on Sunday, October 5, 2008

What are my rights if my tenants move in a boyfriend or a pet?

Posted by Ellis R, MD on Monday, May 11, 2009

I read somewhere that you should ask in the screening process for names of all people who will be living there including elderly or children. Then you put the names of the children on the lease. When this situation arises you will have documented these children were on the lease and these children were not.

Posted by Doug K, CO on Wednesday, May 13, 2009