Off-Lease Occupants
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Off-Lease Occupants (by Jeff [CO]) Nov 19, 2020 2:15 PM
       Off-Lease Occupants (by m [GA]) Nov 19, 2020 2:27 PM
       Off-Lease Occupants (by S i d [MO]) Nov 19, 2020 2:37 PM
       Off-Lease Occupants (by Jeff [CO]) Nov 19, 2020 2:42 PM
       Off-Lease Occupants (by Ray-N-Pa [PA]) Nov 19, 2020 4:26 PM
       Off-Lease Occupants (by 6x6 [TN]) Nov 19, 2020 5:06 PM
       Off-Lease Occupants (by Sorta Blonde [CA]) Nov 19, 2020 7:55 PM
       Off-Lease Occupants (by Nicole [PA]) Nov 19, 2020 9:20 PM
       Off-Lease Occupants (by Sorta Blonde [CA]) Nov 19, 2020 9:30 PM
       Off-Lease Occupants (by Dee Ann [WI]) Nov 19, 2020 10:07 PM
       Off-Lease Occupants (by S i d [MO]) Nov 20, 2020 7:56 AM

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Off-Lease Occupants (by Jeff [CO]) Posted on: Nov 19, 2020 2:15 PM

I see this every now and then: Someone sneaks their boyfriend or girlfriend into a unit and they live there off-lease.

I have it going on now, it seems. I walked by during the day and their door was open and the GF was working on her own desk (second desk). The handyman was talking to the tenant and heard him say that "when WE moved in here."

I wrote to the tenant and he said she is just visiting. Right.

Now I have to work on getting proof. Any quick suggestions? I will check video in the building for backup.

Off-Lease Occupants (by m [GA]) Posted on: Nov 19, 2020 2:27 PM

don't give tenant a chance to LIE. Send the new rent amount ($70.00) from the contract for the extra person along with an application that needs to be filled in. Need all documents for approval.

Nice cover letter referencing the lease.

Off-Lease Occupants (by S i d [MO]) Posted on: Nov 19, 2020 2:37 PM

My lease is clear and puts the burden of proof is on the tenant to prove the person has a separate residence. I do not have the time or desire to be a private investigator.


TENANT will notify LANDLORD no later than 24 hours in advance of a guest(s) residing at the premises longer than 3 days. A guest is any person who enters onto the premises for any period of time other than brief visits. No person shall be a guest of TENANT for more than 14 days consecutively or non-consecutively per calendar year without LANDLORDís written approval. If LANDLORD has reason to believe a guest has overstayed this limit, TENANT shall within 48 hours of demand furnish written proof to LANDLORD of guestís separate, permanent residence. A signed lease or rental agreement covering the time of guestís presence in TENANTís dwelling showing the guestís name as a tenant and a utility bill in guestís name from the past 30 days or equivalent documentation would be acceptable. LANDLORD may verify residence by contacting guestís land lord or through other means. If any guest is found overstaying the limit and is unable or unwilling to furnish evidence of other permanent residence, the rent amount shall increase $100 per month per guest ($50 per period if bi-weekly or bi-monthly, $25 per period if weekly) retroactive to the beginning date of the rental agreement. This increase is due and payable immediately, even if rent has already been paid for the current period. An overstayed Guest shall be required to fill out an application for tenancy, and if application is not approved must move out immediately. Rent increase for an overstayed guest shall not abate until the rental payment period after which TENANT furnishes evidence that Guest has established a separate, permanent address.

Off-Lease Occupants (by Jeff [CO]) Posted on: Nov 19, 2020 2:42 PM

That's great, Sid!

Off-Lease Occupants (by Ray-N-Pa [PA]) Posted on: Nov 19, 2020 4:26 PM

Bot do I hate being the sleeping police. If you follow the lease per the letter it will appear you are spying on your residents.

The way I address this at move in is it is okay if GF or BF spend the night. If they happen to be visiting a U-Haul, I need to know about it. I then lay out the benefit of letting me know. I purchase the first year of renters insurance and if he moves in the GF into the place and there is a mishap, there will be some explaining if a claim is filed and she claims say 6 bras. The claims coordinator might be looking at the guy a bit strangely if HE claims that those are his bras.

Then again.....I live in Pa and you should really look at the Pa Dept of Health Secretary.

Off-Lease Occupants (by 6x6 [TN]) Posted on: Nov 19, 2020 5:06 PM

I like that Sid.

Off-Lease Occupants (by Sorta Blonde [CA]) Posted on: Nov 19, 2020 7:55 PM

Awesome Lease clause Sid. I'm out of breath just reading it. Comprehensive to say the least. Mine is a bit simpler.

"Visitors staying more than 3 consecutive nights will be charged $5.00 per night thereafter for the duration of the visit. Landlord will determine if the 'visitor' appears to be actually living at the residence and will then give notice and require an Application and if approved, a monthly rent increase to be determined."

I had to use this on my last Tenants who moved in an adult son for a month without asking. I spoke to the son (who said he was only staying for a little while till he finished redoing his bedroom at the Uncle's house). Actually this was true, but he liked being here better (no aunt and uncle to deal with). At the end of the month, I gave written notice that he would either have to become a full tenant here, or move immediately. He moved and the Dad paid me a hundred bucks to cover the extra water use.

THEN Dad moved in a daughter who was having a fight with her significant other. Again a full month and this time the 100 bucks was immediately paid when I mentioned it. THEN Dad moved in his younger brother for almost 2 months. He came and went and got in through an open window! No key. Brother had been in prison and had no where to stay I found out later. Finally Brother left after I mentioned it to Dad and Dad decided it was time and 'things were going missing' in the house. Ha.

Better to have something in the Lease that spells out exactly what you want from visitors/guests/significant others. I finally rewrote mine after all this.

Off-Lease Occupants (by Nicole [PA]) Posted on: Nov 19, 2020 9:20 PM

I'm confused as to why extra $$$$ due to someone else being there. I get the background check - you want to know who's living in your unit. But if you initially advertise the unit for $750 you don't charge $800 or $850 if two people move in. (I understand additional when landlord is paying utilities but I'd assume initially two moving in is the same price as one). So why the extra $$$ when you discover someone later?

I'd also bet this is one of these things (although that wouldn't stop me if I wanted to do it) that would get tossed by a judge, no matter what the tenant agreed to initially... the retroactive clause.

Off-Lease Occupants (by Sorta Blonde [CA]) Posted on: Nov 19, 2020 9:30 PM

You have been very lucky Nicole if you haven't had a tenant move in one or more friends/relatives after a few months without telling you. Quite common in my area. One or two move in, and 2 months later you discover you have 4 or 6 or more living in the house. Not kidding. We have to monitor rentals around here. The extra money charged is because we are paying the water/trash/sometimes electric that is the problem with more than on the lease (not to mention parking problems). AND if people are living there who you never interviewed, don't even know their names, it's often a big big mess. If it comes to an Eviction, you won't know who to list on the paperwork. They all claim they are visitors and then when the Sheriff shows up to evict them, they suddenly claim they are tenants and stall the entire process. All I ask is the tenants let me know when someone else is staying for long periods or obviously moving in without me knowing.

Off-Lease Occupants (by Dee Ann [WI]) Posted on: Nov 19, 2020 10:07 PM

We discover extra people based on the water bill. When the bill has been close to the same amount each quarter and then it's not, suddenly a $75 jump or more, there's bound to be another person. When I get a new renter I disclose the average monthly cost of water. We don't pay the water, but if you do I imagine the cost varies depending where you are. My sister in FL says her water bill is the same amount. Ours varies a bit, based on use.

Off-Lease Occupants (by S i d [MO]) Posted on: Nov 20, 2020 7:56 AM

Nicole asked: "Why the extra money?"

Why not?

Will a judge toss it? I don't know. Maybe. If you don't try it, you'll never know.

The important thing is it puts teeth into our Guest policy. There is an expected behavior clearly defined. The way for compliance is easy. A penalty for non-compliance is stated. Pretty straight-forward and easy for all to understand.

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