What to do about tenants girl friend always here (rental, security deposit, legal)

[STT Resident]

Originally Posted by christinh

I've been renting out a room in the apartment that my landlord has leased to me. He provided consent for me to rent out the 2nd bedroom since i had no need for it. Do to medical issues i was going to sublease the apartment to the tenant that was renting the room from me (she is not on the lease at this time). She's had a girl staying there for 7 days now, two days into her staying there i asked the tenant to have her leave for a little while (24 hours) so we can have our house back. For two days straight this girl was sleeping on my couch cooking whatever she wanted in the home and staying there with key in hand while we were both at work. so that afternoon my roommate told me that the girl will not be leaving and she will be paying her the rent for the days that she has stayed in the month of febuary. (keep in mind I've paid the rent for feb. and my roommate would have not been subleasing until march 1st) i told her no i was not renting out my couch and livingroom then she advised me that the girl will be staying as a guest and she does not have to leave unless she tells her to. She then has two more people over plus the same girl that evening when i get off of work...... (annoyed) i contacted the police to have everyone removed but the girl that has been renting the room from me. since then they have all lived in the apartment I've moved my things out but i still have access to the apartment per my lease. I'm lost and dont know what to do. She keeps turning the water heater up so high it is flooding out the commons area by the apartment doors. neighbors are complaining to my landlord. I had no choice but to go over there this evening and cut off all power. i desprately need advise i dont have a written/signed agreement with this girl i've basically been booted from my home to keep the peace (no fighting) i have txt messages with her admitting to renting out my livingroom to this random person. PLEASE someone give me some advice..

1. Take the day off work.

2. Turn the power back on IMMEDIATELY. You are in total violation of the law shutting it down.

3. Contact either an attorney or your local Legal Aid office for a consultation TODAY.

You have no clue what you're doing, you've allowed this woman to walk all over you and you need an attorney to take immediate action. The lease is in YOUR name and you're entirely responsible for complying with its terms. What a mess. Good luck fixing it.

[christinh]

Originally Posted by STT Resident

1. Take the day off work.

2. Turn the power back on IMMEDIATELY. You are in total violation of the law shutting it down.

3. Contact either an attorney or your local Legal Aid office for a consultation TODAY.

You have no clue what you're doing, you've allowed this woman to walk all over you and you need an attorney to take immediate action. The lease is in YOUR name and you're entirely responsible for complying with its terms. What a mess. Good luck fixing it.

thanks for the advise shes gone!! the outcome of the situation is,, it was a lesson learned I'm still stuck with the bills she and her friends left behind but you live and u learn i figure if i take her to court ill pay more then what is due so i'm taking my losses and moving on with life and ur right i have no clue what i was doing but glad it's over

[JanND]

Remind him of the lease conditions. Send him another copy w/ the applicable sections underlined. No, don't let him start using your yard or your pool. He obviously doesn't respect rules. I foresee pool parties and his girlfriend and he spending their time lounging around your pool, and you beginning to feel like a visitor in your own home.

If you feel intimidated, get yourself a rental management company, and do whatever you need to separate your living environment from his, or any future renter. I woul not like to rent my own living space out. It can be a double edge sword. On one hand you are trying to be accommodating because you want to provide a decent place in order to make your income goal. On the other, you are inviting someone like this guy, to take advantage just like he has proven to do re: his girlfriend. Put your foot down. Good luck

[JanND]

Originally Posted by LegalDiva

I'm a landlord and can advise you like the others have said, to screen your tenants carefully. Most courts are pro tenant so assuming your apartment is not an illegal basement or something, you have to be careful with enforcing the lease on your tenants and visitors.

You can try thelpa.com which has message boards for just landlords. They are an amazing resource.

As for the girlfriend, you should tell your tenant that you will be raising the rent because the original lease was only intended for 1 person , not 2. Any time a tenant has visitors that is living there and sleeping there for at least 2 nights each week should be counted as another occupant.

Good luck !

This, and just remind him that it is a month to month lease. That since his girlfriend is residing there, his lease is up in 30 days. Unless you do decide to tell him that you've changed your mind and are raising the rent, utilities, whatever applies etc. and allowing his girlfriend to live there. IMO, if you do this, he will take advantage of you. The best prediction of the future is the past...His behavior regarding your rules shows his propensity to take advantage of you. Do not allow it.

[Jess_lynn_1990]

I live in NJ and i am renting an apartment from a private landlord. In my 1 year lease it states that i am not allowed to sublet or let anyone reside at my resident other then me with out the landlords permission but i am allowed to have temporary guests. I am letting a friend stay with me for a couple of weeks and now the landlord is trying to tell me i am breaking the lease by letting an unlawful person reside in my house with out the landlords permission. She is not living with me just staying with me temporarily and she is not paying me what so ever to stay there. My question is can my landlord legally just evict me like that when it states on my lease i am allowed to have a temporary guest. He is the one that was not specific in the lease and did not state how long i am allowed to have a guest stay for. So how long exactly would a temporary guest be able to stay for??

[STT Resident]

Originally Posted by Jess_lynn_1990

I live in NJ and i am renting an apartment from a private landlord. In my 1 year lease it states that i am not allowed to sublet or let anyone reside at my resident other then me with out the landlords permission but i am allowed to have temporary guests. I am letting a friend stay with me for a couple of weeks and now the landlord is trying to tell me i am breaking the lease by letting an unlawful person reside in my house with out the landlords permission. She is not living with me just staying with me temporarily and she is not paying me what so ever to stay there. My question is can my landlord legally just evict me like that when it states on my lease i am allowed to have a temporary guest. He is the one that was not specific in the lease and did not state how long i am allowed to have a guest stay for. So how long exactly would a temporary guest be able to stay for??

A "temporary guest" doesn't include someone who's staying with you "for a couple of weeks" and your big mistake was in not letting your landlord know and not asking his permission. Even though your LL didn't spell out what he considered a "temporary guest", most would consider this someone who stays overnight just a few days. Even if it were only for a few days it would be courteous to let the LL know and particularly since your lease directly addresses the issue which many don't.

I suggest you apologize to your LL and try to smooth things over.

[STT Resident]

Originally Posted by JanND

This, and just remind him that it is a month to month lease.

Jan, I think you're replying to the original post which is two years past.

[Litlove71]

Originally Posted by Jess_lynn_1990

I live in NJ and i am renting an apartment from a private landlord. In my 1 year lease it states that i am not allowed to sublet or let anyone reside at my resident other then me with out the landlords permission but i am allowed to have temporary guests. I am letting a friend stay with me for a couple of weeks and now the landlord is trying to tell me i am breaking the lease by letting an unlawful person reside in my house with out the landlords permission. She is not living with me just staying with me temporarily and she is not paying me what so ever to stay there. My question is can my landlord legally just evict me like that when it states on my lease i am allowed to have a temporary guest. He is the one that was not specific in the lease and did not state how long i am allowed to have a guest stay for. So how long exactly would a temporary guest be able to stay for??

A few nights would be the norm, not two weeks. Your friend needs to leave. It doesn't matter that you're not being paid. Would the LL except a surcharge to let them stay? And APOLOGIZE for goodness sake!

[Jupiterfalling]

I would like to offer my view on the situation as I am a girlfriend who spends a lot of time at my boyfriends apartment. He doesn't have a signed lease or anything with the landlord for the one bedroom apartment but when they spoke he did indicate that I would not be living with him. He has lived there for years now without issue.

I would say that I spend about 5 nights a week over there but sometimes less. I do not stay during the day when he is at work unless his pet is sick or I want to clean up for him. To us it seems no different as myself coming over during the day every single day as a typical visitor is allowed. I haven't changed my address to receive any mail there nor do I keep many belongings there (with the exception of toiletries and some movies).

As far as utilities go we don't abuse it. We may use a little extra water than if he were there alone all of the time as I may need to take a quick shower, but it is not as if the water or electricity is being used any more than he would use it himself since I am typically only there when he is there. The only way I could see that there would be a problem with a girlfriend staying over like I am is if there was a lot of fighting or I literally never left the apartment other than to go to work.

In a renters eyes it seems cruel to tell a tenant that they cannot have their significant other over more than a few times per week. I feel that something should only ever be mentioned if the landlord notes that the other has actually moved their belongings in and doesn't leave or they are a nuisance to the other tenants through either noise or abuse of utilities.

To me if the tenant pays the rent, doesn't abuse utilities and doesn't cause problems for the landlord or other tenants then they should be allowed to have someone else staying with them. By causing problems with a good tenant over something like this you then risk having the tenant just move out and you get stuck with a worse one.

[NY Annie]

Originally Posted by Jess_lynn_1990

So how long exactly would a temporary guest be able to stay for??

Temporary has no finite term. It could be one week, 3 nights, or anything else. That should have been quantified when you signed the lease. But now you are stuck with the language. At any rate, you did state [quote]a couple of weeks] and a couple is 2 by definition. If you had specified that to the landlord, the LL might have been okay with it. But did you actually mean 2 or is it more than 2? Is it 3, or a month?

You should apologize to the LL for not discussing this issue ahead of time since the lease specifically mentions it and therefore you should have been aware it is an issue for the LL. Your friend needs to find an extended stay motel.