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Old 02-08-2011, 01:01 PM
 
2 posts, read 9,813 times
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My tenant has invited her family (consisting of daughter, her husband, 4 children, 2 dogs and 3 cats) to live at the house without my knowledge or consent. This is a clear violation of the lease agreement, which limits tenancy to 3 specific individuals and 1 small dog. Tenant deliberately avoided me to keep this knowledge from me. What are my options?
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Old 02-08-2011, 01:13 PM
 
Location: NJ
17,573 posts, read 46,149,725 times
Reputation: 16279
Evict them.
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Old 02-08-2011, 01:18 PM
 
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4 children and 5 pets? Sounds like a good way for the place to get torn apart.
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Old 02-08-2011, 01:27 PM
 
Location: Beautiful Rhode Island
9,294 posts, read 14,908,083 times
Reputation: 10383
Give them a written warning first and then, if no compliance, start the eviction process.

Look at the landlord tenant regulations for your state first to see procedure and time frame.
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Old 02-08-2011, 01:30 PM
 
29,981 posts, read 42,939,504 times
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Quote:
Originally Posted by franknmaggie View Post
My tenant has invited her family (consisting of daughter, her husband, 4 children, 2 dogs and 3 cats) to live at the house without my knowledge or consent. This is a clear violation of the lease agreement, which limits tenancy to 3 specific individuals and 1 small dog. Tenant deliberately avoided me to keep this knowledge from me. What are my options?
Yep, get an attorney, prepare the legal documents notifying them that they are in violation of their lease, and get them evicted as soon as the law allows. Are you paying for any of the utilities? If so start keeping track of the norm for the house vs. what the utilities are running with the additional unauthrozed occupants.

The tenants may also have placed your property in violation of local health codes via over occupancy depending upon the size and number of bedrooms. You need to find out and know your legal options ASAP.

Hope you got a sizeable security deposit! Be ready to sue for damages.
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Old 02-08-2011, 03:34 PM
 
4,399 posts, read 10,672,655 times
Reputation: 2383
Quote:
Originally Posted by franknmaggie View Post
My tenant has invited her family (consisting of daughter, her husband, 4 children, 2 dogs and 3 cats) to live at the house without my knowledge or consent. This is a clear violation of the lease agreement, which limits tenancy to 3 specific individuals and 1 small dog. Tenant deliberately avoided me to keep this knowledge from me. What are my options?
Yes your only recourse is to evict. However you may find that a judge will refuse to evict for lease violations that are not non payment of rent or other violations that are nuisance or safety issues. You'll need to get an attorney.
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Old 02-08-2011, 08:33 PM
 
2,059 posts, read 5,749,627 times
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Not sure what state you are in but in IL there are occupancy laws that restrict how many people can live in a property proportional to the number of bedrooms (at least for rentals). I believe it's no more than 2 persons per bedroom, with the exception of infants.
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Old 02-08-2011, 09:03 PM
 
13 posts, read 103,784 times
Reputation: 20
Quote:
Originally Posted by franknmaggie View Post
My tenant has invited her family (consisting of daughter, her husband, 4 children, 2 dogs and 3 cats) to live at the house without my knowledge or consent. This is a clear violation of the lease agreement, which limits tenancy to 3 specific individuals and 1 small dog. Tenant deliberately avoided me to keep this knowledge from me. What are my options?
At least as far as the pets go, if you want to avoid going to court or hiring an attorney, you could offer to let them keep the pets there as long as they pay a monthly pet fee or (non) refundable pet deposit.
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Old 02-08-2011, 09:30 PM
 
1,595 posts, read 2,764,625 times
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Are you absolutely sure they moved in for a long period of time or are they just staying for a short term? Anything is possible. They may be staying until they find another place or in the process of moving into their own place but are waiting for it to become available. Either way you need to have it addressed and fast before they think they can stay past any standard overnight allowed by law.

Check the written Lease Agreement about the time limit for overnight company. Hollytree is right send them written notice to comply first. Since they are in a house and not a small apartment you might be able to allow for a family of 3 adults and 4 children. If you were to allow them to stay as your tenants and keep the pets it would be wise to up the security deposit and get a good security deposit for the pets. If it was just one person they had move in then I would suggest you simply get proper information on them and get a copy of proof of who they are and let your tenant [the one you rented to on the lease] know they are responsible for any damage done by their non leased roommate.
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Old 02-08-2011, 11:40 PM
 
Location: When you take flak it means you are on target
7,646 posts, read 9,953,657 times
Reputation: 16466
First you give them a notice of material non-compliance to correct the deficency or quit. This depends on the state. Some it's 3 days, some 5 some 10. The day after, if they haven't corrected the issue you file for eviction and serve them a summons to court. You don't need a lawyer for the notice, but I recommend one for eviction. I'm a LL, a lawyer is a lawyer. We each have our jobs. His is to evict people correctly, mine is to fix and re-rent the apartments.
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