guests (by small potatoes [NY]) Jan 30, 2023 9:05 PM
guests (by Ken [NY]) Jan 30, 2023 9:16 PM
guests (by Hoosier [IN]) Jan 31, 2023 12:21 PM
guests (by Nicole [PA]) Jan 31, 2023 1:07 PM
guests (by jonny [NY]) Jan 31, 2023 3:00 PM
guests (by small potatoes [NY]) Jan 31, 2023 4:20 PM
guests (by jonny [NY]) Jan 31, 2023 4:46 PM
guests (by small potatoes [NY]) Jan 31, 2023 9:14 PM
guests (by plenty [MO]) Jan 31, 2023 9:28 PM
guests (by small potatoes [NY]) Jan 31, 2023 9:59 PM
guests (by Ray-N-Pa [PA]) Feb 2, 2023 12:47 PM
guests (by small potatoes [NY]) Feb 4, 2023 12:17 PM
guests (by small potatoes [NY]) Posted on: Jan 30, 2023 9:05 PM
Since the topic came up here recently and I am processing a lease I thought I'd post what my lease has about guests. Thank you to those here that have posted prior content that I adapted. YMMV
Guests Only person(s) named on the lease shall be residing and living on the premises. If another person(s) moves into the apartment the rent will increase by $150 per person, per month. This increase is due and payable immediately, even if the Tenant has paid the current months’ rent. Increased rent will remain in effect until named Tenant(s) on lease provides proof that the additional occupant(s) have established a separate residency. Landlord retains right to refuse rental to additional tenants not on the lease. Additional tenants are required to submit to Landlord screening process and provide State or Federal issued ID. Tenant will be issued a Cure notice for additional unapproved tenants who remain on the premises. Failure to Cure this Lease violation will result in Eviction proceedings against the Tenant and all other occupants of the premises. Guests staying with the named Tenant(s) more than 15 consecutive days or 30 days total during the lease period without written consent and approval of Landlord may be considered occupants and subject to these terms. At Landlords request Tenant must provide proof a guest is not an additional occupant by providing lease, utility bill, or other official documentation with a separate address for the most recent 30 day period. Landlord reserves the right to contact the property owner to verify the separate residency. A Guest who is unable or unwilling to furnish evidence of other permanent residence shall be considered to have moved in, and the Tenant will be subject to increased rent as per these Lease terms. Rent increase for an overstayed guest shall not abate until the rental payment period after which the Tenant furnishes evidence that Guest has established a separate, permanent address and is no longer residing at the leased address of the Tenant. --67.240.xx.xx
guests (by Ken [NY]) Posted on: Jan 30, 2023 9:16 PM
Do you think a judge in NY would allow an eviction for an unauthorized guest? how about if the guest is not even causing any problems? --74.77.xx.xx
guests (by Hoosier [IN]) Posted on: Jan 31, 2023 12:21 PM
It’s a good start, here are a couple suggestions…
When you say things like…
“Additional tenants are required to submit to the screening process…”
You are implying they are tenants already…but they are NOT. You do this in several places…I’d fix them all. Look through and avoid referring to the new person as a Tenant until after they have signed your lease. Instead I’d say something like …
“Any persons other than the tenant already on this lease may not reside at the property until submitting to our regular screening process, paying an application fee, being approved, and signing a revised lease along with the existing tenant.”
You don’t mention the process either. For example will you sign a new lease with both persons on it? Will you sign a new lease with just the new person and therefore have two leases? Will you simply have the new person sign an addendum sheet stating that they will be added to the old lease? I prefer to sign a new lease with both persons on it to get the jointly and severally liable clause enacted. And we add a lease signing fee for all the work, making copies of new lease, etc…..$50
I’d also reword your comments about the tent furnishing evidence of permanent residence elsewhere….a couple places….I’d add a few words saying “evidence satisfactory to Landlord”…they might just open some bogus bank account with $10 and use their parents’ address and argue with you when you don’t accept it.
Lastly, saying 30 days within the lease period may be an issue if you ever do MTM or a short term lease. Instead I’d say 30 days within any calendar year.
guests (by Nicole [PA]) Posted on: Jan 31, 2023 1:07 PM
I've never understood additional rent, unless landlord is paying utilities.
You rent to one person for $1000 a month. For me, that is the rent, whether it's one person, two or the family. Why are you requesting an additional $150?
Also, that paragraph is too wordy. I zoned out by line two. Yes, it is up to them to understand what they are signing but you have to make it easy for them.
I absolutely understand screening for a new tenant.
guests (by jonny [NY]) Posted on: Jan 31, 2023 3:00 PM
Same for me as Nicole stated... I stopped reading it after the first few lines.
guests (by small potatoes [NY]) Posted on: Jan 31, 2023 4:20 PM
Ken, I think I might have the judges ear if that person moves in and is no longer considered a guest. This section of the lease allows me to have some discretion. It's when a tenant moves in that troublesome person that I would be inclined to enforce this.
Hoosier, good suggestions. I do not automatically add additional residents to the lease. Not specifically related to the guest clause, but when the GF moves in the BF I give her the option of adding the BF. If he's a louse it will be harder to boot him if he is named on the lease. Guests that overstay their welcome are another place where I may not want them at the premises let alone on the lease.
Nicole, charging additional rent has the affect of tenants thinking twice about just allowing anyone to move in with them. I find it cuts down on extra relatives (not immediate family) and friends who need a place to crash and are feeding off the tenants goodwill. When this has come up they get upset at me at first because I'm asking for more money. When I ask why can't an additional adult contribute to the household, they suddenly see the other side. Plus I think many of us rent to a tenant(s) as a known entity that we have vetted, so when a random 3rd party is thrown into the mix, it's not just a matter of the rent is the rent, is the rent. --67.240.xx.xx
guests (by jonny [NY]) Posted on: Jan 31, 2023 4:46 PM
I don't know if that will work with evicting "one" tenant (that isn't a tenant and make sure you don't refer to them as that either obviously). I'd certainly like to hear how it went if (when) it ever happens.
I have been hearing and didn't experience it (yet) but when you go to evict (serve) notice to your tenant that if there are other adults living there, you must also include them or the entire thing is thrown out. Like I said, it didn't happen to me but a friend of mine was evicting their tenant for non-payment, did receive the order from the judge but when the police (not my jurisdiction) went to set them out... someone else came to the door and said "I'm so and so and I live here". The police then turned and said "You can't evict anyone unless they are ALL on the notice". I said BS but he called the court and they agreed.
I've had (and have) people on a lease (say like a single woman) and they (with my permission) have their friend or whoever move in that is an adult (vetted by me) but I don't add them to the lease... apparently they are now stating that I can't evict unless I name them both even though the ONE isn't even my tenant. Seems odd but we are in NY. --69.201.xx.xxx
guests (by small potatoes [NY]) Posted on: Jan 31, 2023 9:14 PM
Jonny, if I were going to evict in this situation it wouldn't be just the 'guest'. Yes, the process server I use always puts "and all others" after all the named occupants. It has been a while but I don't think he wants names of children, just adults. If the form doesn't list everyone it is not valid service. --67.240.xx.xx
guests (by plenty [MO]) Posted on: Jan 31, 2023 9:28 PM
Who actually wrote the clause you are using? --172.58.xxx.xx
guests (by small potatoes [NY]) Posted on: Jan 31, 2023 9:59 PM
plenty I started w/ standard/ old NYS clause and built it up w/ info I gleaned here over the past few years. --67.240.xx.xx
guests (by Ray-N-Pa [PA]) Posted on: Feb 2, 2023 12:47 PM
I personally think it is sorta creepy that the landlord will be the sleeping police.
Should the landlord know who is living there- absolutely. But explaining that a renters insurance policy will not cover a claim TYPICALLY for a male resident if he is claiming five bras destroyed in a fire claim. I understand times are changing, but I believe that the tenant would have some explaining to do with that claim. By setting the move interview in the right frame helps out a great deal --24.101.xxx.xxx
guests (by small potatoes [NY]) Posted on: Feb 4, 2023 12:17 PM
Ray-N-Pa, I think we're on the same page, when I saw posts complaining about a tenant having guests, I didn't get it. I don't want to be the sleeping police either. When someone elaborated on their guest clause once, I thought there might be something to take away from that. Before that I thought what I had would require me to be the sleeping police. It has become less of an issue since I updated my units, attract a better tenant and go over things at lease signing. As I mentioned, this gives me the discretion to take action when a tenant goes off the rails, and I'd be a fool if I thought it will never happen again. --67.240.xx.xx