'Tenants' not on lease

[porp_e]

I've recently found out that there's extra 'tenants' living in our house who are not on the lease. The additions are a young mum and baby and I don't mind adding them to the lease however when PM approached the male tenant (who is on the lease) he wasn't very forthcoming and I suspect perhaps she may be claiming a single parent payment, or something along those lines, and therefore not wanting to be listed on lease with her partner.

Wondering whether there are any possible adverse legal or insurance ramifications for me as a landlord to knowingly keep the situation as is? I'm going to do some more research tomorrow but thought I would throw this Q out there in the meantime.

 

[wylie]

Regardless of the existing tenant's reason for not wanting this other person on the lease, I would strongly advise you to do so.

We had this once where two young chaps got a third chap in to help cover costs. He caused problems in the street with his driving and they all were having loud music at night and into the morning.

The two original chaps moved happily when they realised the issues their "mate" was causing, but had the "mate" decided not to move when the other two did, we would have had someone in our house with no paperwork at all, no lease, no bond.

You can probably issue a breach notice (check the rules for your state) or if you are happy for her to stay, then have her added to the lease to cover yourself should something happen and the original chap on the lease decides to leave.

 

[Burbs]

Hi Porp e. This is a common occurence, and I would respond as follows:
1. Ensure whoever 'found out' about the extra people has some documentary evidence of the fact (eg photos of the person, clothing/bed/shoes at the property etc) - really useful if things go bad.
2. Issue a breach notice to the tenant for breaking the terms of the lease (specifically the occupancy limit) - always enforce your owner rights first before going soft - remember the tenant has broken the lease, not you - it is the tenant who has not bothered to contact you or your PM.
3. Covering letter with the breach notice saying you are prepared to consider the additional person upon approval of their application, however state if the application is not approved then the breach will stand and the person will have to go.
4. Enclose an application form AND request for 100 points of ID - remember it is entirely possible that they will break up and the man will leave.
5. Receive and process the application. OR
6. if no application is received, enforce the breach notice at court. If you fail to enforce the breach notice, you have lost control of your property.
7. If application is approved (dont approve it if it shows normal danger flags like previous evictions, drug use, crime etc), then either create a new lease or do an addition to the existing lease.

burbs

PS A similar process applies when you discover a surprise pet at the property.

 

[porp_e]

Thanks for your help Wylie and Burbs. I'm definately of the mindset that the property is a 'business' and not a charity so I'm very keen to cover my own butt. My only worry is that the current listed tenant will just deny he has anyone else living there. I've been thinking maybe he is just worried I will up the rent for more people to live there (which isn't my intent), we'll see what happens.

 

[chilliblue]

Refer also to your insurance conditions as you may not be covered.

 

[alplant]

I agree with everyone else, if she is indeed living there she needs to be on the lease or the breach notice issued and followed up. I was wondering though, if they deny she is living there I wonder if the PM would be within his or her rights to ask to see some proof of her actual living arrangements.

I can see a scenario where the existing tenant says "oh no, she hasn't moved in, she's my new girlfriend and she has her own place, just visits for a couple of days at a time so that's why a lot of her stuff is here."

 

[beachgurl]

A few years back I received a call from my agent informing me that the rent hadn't been paid. on calling the tenant, he informed them that he wasn't living there anymore but his girlfriend still was (she wasn't on the lease and we didn't know she existed until that point). took about 3 months to get her out, calling sherrifs and the like. thankfully she left the house one day so we could get a locksmith in but as she wasn't on the lease she was squatting and we couldn't get a cent out of her. Could've been much worse if she didn't leave.

 

[wally]

A few years back I received a call from my agent informing me that the rent hadn't been paid. on calling the tenant, he informed them that he wasn't living there anymore but his girlfriend still was (she wasn't on the lease and we didn't know she existed until that point). took about 3 months to get her out, calling sherrifs and the like. thankfully she left the house one day so we could get a locksmith in but as she wasn't on the lease she was squatting and we couldn't get a cent out of her. Could've been much worse if she didn't leave.

wouldnt it still be the original tenants problem! he is still on the lease and not paying rent, if enforced, maybe he would be able to sort something out faster with the girlfriend.

 

[kathryn d]

Also agree with the other posters.
We evicted a tenant in August and Sept because they (both single women) wouldn't provide us with the names of the person who was staying in the unit. They thought it was none of our buisiness. They were informed if they didn't, and he continued to stay there every night (our supers are great and do check the building at 5 am) they would be evicted.We informed them when a tenant refuses to complete the "add resident" form, it puts up red flags. they moved, and it turned out these men were both drug dealers.
The other woman in the building didn't have an issue giving us the boyfriend's details.

We inform everyone if a guest stays longer than a week, they must be added.

My brother has it in their lease anyone staying longer than 3 days in one week, must be added.

 

[beachgurl]

Wally, the actual tenant moved interstate and apart from a mobile phone number he couldn't be contacted. Are tenancy laws state based or national?

 

[Dazz]

State based.