Posted by Rich-CA on October 12, 2007 at 09:32:05:
I cannot link to a book. There are a couple of books I refer to often which may or may not be available from your public library:
Landlording by Leigh Robinson
Whats A Landlord to Do? by Leigh Robinson
Every Landlord’s Legal Guide by Nolo Press
While the internet has a lot of information available, it also has a lot of disinformation and the sheer volume can make things hard to find.
Help! An extra tenant just moved in! - Posted by Edwin
Posted by Edwin on October 08, 2007 at 23:53:27:
I rented a house to four single men.All four signed the lease. Two weeks later I realize they have a 5th person living there.
Do I have to right to ask this 5th person to leave since he is not on the lease?
My lease prohibits assignment or subletting without my written approval.
HOWEVER: My lease also says: “The premises shall be used as a residence by no more than 5 adults.”
Do you think that clause allows them to legally have a 5th person occupy the house, even though that person never signed the rental agreement??
(I screwed up when I wrote that clause in the lease. I meant to use “4,” not “5.” It was a simple type mistake.)
Any attorneys or experienced managers care to comment?
Re: Help! An extra tenant just moved in! - Posted by Rich-CA
Posted by Rich-CA on October 11, 2007 at 17:56:14:
I concur with Dealmaker. For myself, I normally require all adult residents to sign the lease. I also require that guests stay no more than 2 weeks. I further require that the total number never exceed the fair housing guidelines of 2 per bedroom.
Re: Help! An extra tenant just moved in! - Posted by dealmaker
Posted by dealmaker on October 09, 2007 at 06:57:47:
I’m not an attorney. My leases always say; “the premises will be occupied only by the following named individuals…”. Regardless, I wouldn’t worry about the “typo”, send them a notice TODAY that it has come to your attention that they have created a “de facto” sub-lease by allowing this person to move in.
"This letter is your three day notice (or whatever your state requires) to cure this default in the conditions of your lease. If it is not cured by 3 days from today I will proceed with the eviction process for all of you.
dealmaker
Re: Help! An extra tenant just moved in! - Posted by Richard
Posted by Richard on October 11, 2007 at 20:49:54:
What fair housing guideline are you referring to? Link please?