Most landlords renting residential properties have certain standards for their tenants. They may conduct criminal background checks and credit checks. They want to ensure that their tenants are likely to pay rent and are unlikely to damage the unit.
Unfortunately, landlords may discover that their tenants have allowed unauthorized parties to access or live in their units without their knowledge or consent. In such cases, landlords may feel frustrated, but the law does protect them from this common form of tenant misconduct.
What steps can landlords take to address issues related to unauthorized occupants residing with their tenants?
Keep clear records
To take legal action against a tenant, landlords generally need clear evidence of specific issues. Photographs of unauthorized parties entering the unit with their own keys could be helpful. So could records from maintenance workers or neighbors showing that unauthorized occupants have been present for multiple consecutive days.
The presence of an additional vehicle in the parking lot or driveway could serve as evidence. Even statements made by tenants could help affirm that someone not on the lease has begun living at the unit.
Review the lease
Depending on the circumstances, a landlord may be able to take legal action over an unauthorized occupant after a few weeks or a month. Some leases even include terms that restrict tenants to strict limits on overnight visitors. Proving that the occupant has been present for multiple successive nights in violation of the lease or for more than a month could be enough to warrant legal action.
Notify the tenant
Once the landlord has proof of inappropriate tenant conduct, notifying the tenant of the issue is often necessary. Giving a tenant an opportunity to stop sharing the space with an unauthorized occupant can lead to an amicable resolution to the situation.
If they refuse to take action or to admit their wrongdoing, then the matter may need to go to court. Documentation of a good-faith attempt to resolve the matter privately can help strengthen the landlord’s position. In some cases, they may even have grounds to evict the tenant and seek compensation for damages.
Increased utility expenses and damage to the unit are common consequences of having additional people living at a rental unit without the landlord’s authorization. Consulting with a real estate attorney can help landlords understand and assert their rights. Removing unauthorized tenants can be a complicated process, but it may be necessary for the protection of a landlord’s financial interests.