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Don't believe everything you're told, cops will tell you a lot of things that are not true.
If you establish residency then you can't be tossed on the street without due process. Also renters are treated the same as homeowners as far as the courts are concerned and have the same rights.
busta
I'd rather leave on my own terms than have the cops arrest me and take me down to the station.
Funny, cops told me that even though I paid a portion of the rent, I was not considered a tenant--even though my mail was being delivered to that house, and my license referenced that address. They told me that the residents had every right to trespass me off the property, even though I hadn't done anything wrong (she just met someone else as a boyfriend that had more money than I did).
What idiots. But sounds like it was best to leave anyway.
The post office won't disclose the information you are looking for, but even if they did, what would that prove? I have mail delivered to work and sometimes to my sister's place, but that doesn't mean I live at either place.
If you documented the hours I parked at work and my sister's place, you could assume that I was living there--but your assumption would be wrong. I'm simply a workaholic who stops by late to chat with my sister because she's a night owl. I'm not living at either address, by any definition of the word. Even though I spend more time everywhere else than my own home, I still do have a home, both legally and practically.
And I hate to tell you this but the standard NC Realtor's lease form merely says that a tenant shall not 'allow anyone other than the tenant and permitted occupants' to take up residence in the unit'. It does NOT specify 'twenty days'-- over the course of a year or any other period of time.
Going forward you might want to add such language. But ask yourself: what's the difference between a tenant with a boyfriend who stays late a few nights a week, and a tenant who has a social butterfly with friends coming going all day long? If you add language about overnight guests, you might deter boyfriends from staying over, but how are you going to prevent tenants from ever having a visitor? Certainly landlords have tried to prevent tenants from any kind of social life, but the legality is questionable and the practicality of enforcing it is certainly questionable. A better approach might simply be to factor in the potential cost of tenants' guests into your business practice, just as you do for other unforeseen and unpredictable business expenses.
I am section 8 tenant allowed someone to stay with me they would not leave so I gave my thirty day notice but section 8 said I committed fraud and the person is in my house and I moved and section8 is still paying for them to stay there
Sounds strange... having someone move in without Housing approval is a violation that could lead to termination of the voucher... very serious.
Section 8 will only pay for rent at one location... so I don't see how you will be able to find another unit with Housing paying rent at your old place and no Transfer Certificate...
Last edited by Ultrarunner; 07-15-2015 at 12:01 AM..
On a quick search for the standard lease in NC the ones I found, there are two form 410-T from the association and the other standard lease, state there are to be no other occupants other than stated. You do have a right to enter to inspect annually and I would use this to find out if his personal items are being kept there, clothing and hygiene items would signify occupancy so take pictures.
As for adding a boyfriend to a lease it is odd because it gives him legal authority to occupy in the event of a break up. I would demand to screen but only add him as an occupant and inform your tenant that you will not be evicting a single person but the property as a whole if asked. This way your tenant can legally amend the lease later to remove him and persue an eviction on her own if things get ugly.
You do have a right to enter to inspect annually and I would use this to find out if his personal items are being kept there, clothing and hygiene items would signify occupancy so take pictures.
I can't imagine that anyone smart enough to hide an authorized occupant to the point where it isn't readily discernible isn't going to be smart enough to throw those things in a box or dresser drawer, out of reach of an inspection.
If you want to know who he is, get his license tag number and the make and model of his car. Car registration is public record. Go to Motor Vehicles and pay to look it up, then get the address on his registration and check there. See if he actually has another place of residence. If you want to be nasty about it, anonymously report him for not notifying MV of his change of address. Once you get his name from MV, you can run a criminal background check on him. I've done this before to check people out. It's not really that hard to find out who people are if they own a car.
Speaking as a former single mom, she may not want him on the lease, because if she puts him on, she can't just throw him out if he misbehaves. It's a way of protecting yourself from having a violent BF you can't get rid of. Also, he may be the one paying the rent, or at least half of it, to help her out, so if you kick him out, she won't be able to pay the rent, so be careful there. I once had a BF who wanted me at his house every night, so I guess if he had not owned the house and been renting, people would have thought I lived there, but I actually had my own house. When things went south, I just went back home. That well may be the situation here.
I would go in for an inspection of the property and look for clothes in the closet, toiletries, etc. Tell her that there are signs he is living there, and you need her to pay for a background check on him and put him on the lease as a "frequent visitor." That way, you have the info on him, but you don't have to go through eviction to get him out. Explain to her that you are trying to protect her by making it easier for her to get him out should she need to.
If she's a good tenant, work with her, not against her. I had a wonderful landlord once who did this for me. I wish I had her now.
If you want to know who he is, get his license tag number and the make and model of his car. Car registration is public record. Go to Motor Vehicles and pay to look it up, then get the address on his registration and check there. See if he actually has another place of residence. If you want to be nasty about it, anonymously report him for not notifying MV of his change of address. Once you get his name from MV, you can run a criminal background check on him. I've done this before to check people out. It's not really that hard to find out who people are if they own a car.
Speaking as a former single mom, she may not want him on the lease, because if she puts him on, she can't just throw him out if he misbehaves. It's a way of protecting yourself from having a violent BF you can't get rid of. Also, he may be the one paying the rent, or at least half of it, to help her out, so if you kick him out, she won't be able to pay the rent, so be careful there. I once had a BF who wanted me at his house every night, so I guess if he had not owned the house and been renting, people would have thought I lived there, but I actually had my own house. When things went south, I just went back home. That well may be the situation here.
I would go in for an inspection of the property and look for clothes in the closet, toiletries, etc. Tell her that there are signs he is living there, and you need her to pay for a background check on him and put him on the lease as a "frequent visitor." That way, you have the info on him, but you don't have to go through eviction to get him out. Explain to her that you are trying to protect her by making it easier for her to get him out should she need to.
If she's a good tenant, work with her, not against her. I had a wonderful landlord once who did this for me. I wish I had her now.
Great post kassie! I wish I had thought of all of that when I had 2 rental properties.
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