Landlord Question and Answer Forum

Hi, I hope someone can give me some guidance!!! My husband and I are renting out a townhouse we own. He decided to rent our unit to an interim Pastor from our church, that isn't the problem. MY concern/question is the way the church wants to have the lease prepared. (which I don't like already, since WE prepare it) Ok here it goes. The church wants the lease in their name with the interim Pastor no where on it. My concern is if the church is on it as renter 1. doesn't that change things since the church is technically a business. 2. wouldn't that mean that any member of the church would legally have access to the townhouse? I don't want to sound like a bad person I just feel uncomfortable with the fact that anyone could gain entry to our townhouse. SO thats my story and here is my question Can a lease even be drawn up like that? and are my concerns accurate? Is this normal procedure? Any help/advice would be super appreciated! Thank you SMITH

I really need some insight guys. Please

Posted by Stephen P. S, NH on Sunday, October 29, 2017

I would lease to the interim pastor, not the church for the reasons you have stated.

Posted by Jared K, CA on Sunday, October 29, 2017

Same. I would not put the lease in the Church or any other business name. You also have to worry about liability protection that the lease specifies. If your the person residing in the home and family are not on the lease, then you have zero protection or terms enforcement that the lease provides.

Posted by William D, NC on Tuesday, October 31, 2017

You could possibly put the lease in the interim pastor's name, listing his (and his family?) as the only tenants, and put the church on as a co-signer. I rented to a couple once, who let a friend move in. The couple that were on the lease moved, and the person remaining in the unit refused to leave or pay rent. It was a mess. You can't evict someone without their name on a contract. Who is going to pay the rent? You may want BOTH on the lease as responsible. If he doesn't work out with the church or when his interim period is up, will he willingly move if his name isn't on the lease? If I were you, I would cover all the bases and put them both on, and be very specific about the only people allowed to live there. You could also put a "Guest Policy" addendum limiting guest stays to a couple of days.

Posted by Annette Chafin, Owner/ S, IN on Tuesday, October 31, 2017

I would treat this as a Landlord and tenant case...the interim Pastor would be the one who you are renting to not the church...if you do then it gets complicated and and it would be very costly to hire a legal team just in case they decided to break or sublet the townhouse. It's best to have The interim Pastor fill out all application and credit check treat this as your business and DONT let it get personal.

Posted by Shannon R, DE on Tuesday, October 31, 2017

I can't begin to thank all of you for you insight. After about 4hours and a pot of coffee, I think i covered my butt. I was very specific of the terms and who had access to the townhouse and if the tenant should vacate before term is up nobody was permitted to live there without landlord consent and application process done. Also made it clear who was fully responsible for paying the rent.Obviously not in those exact words. I agree though the person physically staying there needs to be on the lease. I just explained it as he was residing there and the church excepts full responsibility. did a co-signer addendum, I must say for a non professional I am pretty proud of my lease! HAHA and since i knew it could get legal I absolutely needed some opinions which is where you guys come in! So again thank you all!!!!!

Posted by Stephen P. S, NH on Wednesday, November 1, 2017