Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Two family property, 2nd floor tenants are upset with 1st floor tenant's boyfriend (not on the lease) always parking his car in the shared driveway and asking 2nd floor tenants to move their cars around for him. It came to be an issue yesterday b/c the boyfriend asked the 2nd floor tenants to move their cars so he could park his car at the top of the driveway for a month. He and his girlfriend (my tenant) are going home to China to visit her parents after she finishes her exams - which start next week.
Went back and forth and finally the 2nd floor girls told me that he's moved in and has been living there since his girlfriend and her roommates moved in on 9/1. When they asked him why he didn't leave his car at "his place" since it was closet to the airport to get car service from, he told them he was 90% moved in downstairs and really didn't live at home any longer. Girlfriend tenant denies it, gave me a whole spiel that made no sense.
He should have kept his car parked on the street and not told anyone he moved in with his girlfriend & her roommates.
The lease specifically states that visitors & guests are allowed (non-specified time limits, which will have to change) as long as the visitor/guest does not use the property as a primary/private residence.
I get that these are college kids and the boyfriend/girlfriend sleepover thing happens all the time. I don't think it's fair that the 2nd floor girls will be charged more for water/sewer. It's a shared utility expense, split evenly between all tenants on the lease.
These 1st floor tenants were given the rental rate for 4, they had a 5th who backed out, and she was going to be an additional $150 month.
I did speak to my lawyer this morning. He told me to do exactly what I already did, and that was offer the boyfriend two options:
1. Sign the lease and start paying me the rent in full for 5 tenants.
2. Move out.
He said my 3rd choice was to evict, but I would need proof. As in pictures.
The girlfriend tenant got back to me and reiterated the same BS she did previously.
The lease specifically states that visitors & guests are allowed (non-specified time limits, which will have to change) as long as the visitor/guest does not use the property as a primary/private residence.
I did speak to my lawyer this morning. He told me to do exactly what I already did, and that was offer the boyfriend two options:
1. Sign the lease and start paying me the rent in full for 5 tenants.
2. Move out.
He said my 3rd choice was to evict, but I would need proof. As in pictures.
The girlfriend tenant got back to me and reiterated the same BS she did previously.
What would you do?
Are they on a yearly lease or month to month? If month to month you can simply give 30 day notice to vacate.
I don't see how pictures will help. What about signed declarations from the other tenants stating that in fact the BF is living at the residence full time. I made a highlighted bold section on your OP. By him coming over ALL the time and forcing the LEGAL tenants to move their vehicles to accommodate his vehicle and his stating he's 90% moved in, isn't that in fact residing on the property. I would make sure that you change the wording on your lease and put a x amount of days that a tenant is considered a tenant/resident and has to be on the lease
You can always find some other infraction/lease violation and evict them on that. If the guy is there ALL the time IMO that's living there.
How can you prove with pictures how often someone is at the apartment. Are you supposed to stake out the place every night and hold up a picture next to a newspaper? That just seems odd.
I'm guessing a letter from your attorney will be enough to get them to take option 1 or 2.
Are they on a yearly lease or month to month? If month to month you can simply give 30 day notice to vacate.
I don't see how pictures will help. What about signed declarations from the other tenants stating that in fact the BF is living at the residence full time. I made a highlighted bold section on your OP. By him coming over ALL the time and forcing the LEGAL tenants to move their vehicles to accommodate his vehicle and his stating he's 90% moved in, isn't that in fact residing on the property. I would make sure that you change the wording on your lease and put a x amount of days that a tenant is considered a tenant/resident and has to be on the lease
You can always find some other infraction/lease violation and evict them on that. If the guy is there ALL the time IMO that's living there.
I agree with you.
It's a 9 month lease, ending in May 2014.
I am absolutely going to change the clause in the lease to be more specific with the next round.
If my 2nd floor tenants didn't have an issue with him requesting they move their cars for his car all the time, I never would have known and it wouldn't be a problem. Now I have to address it.
I think the pictures of "his stuff" will come in to play as proof that he is living there. What other proof do I have other than what my 2nd floor girls are telling me? But the problem is that I'm supposed play "I-spy a little Honda with blue rims and a tail" parked outside my property every day and for how long? 1st floor apt is empty over Christmas break (all going home to China) I'm supposed to let myself in and hope to find boy stuff?
The girlfriend tenant IS smoking in her bedroom. I have 3 pictures taken on 3 separate occasions of a cup filled with water and butts. Lease says no smoking on the property. That's all I have. I took the pics incase she lights the place up.
I don't know that the 2nd floor tenants can prove he lives there, despite what he told them. The first floor unit is (on the lease) 4 international students from China. It's like beating your head against a brick wall to break the language barrier. I'm not sure how they take classes at a state university and can't understand a damn thing I say. They sure knew how to negotiate the rent, however, and understand it all when doing THAT.
How can you prove with pictures how often someone is at the apartment. Are you supposed to stake out the place every night and hold up a picture next to a newspaper? That just seems odd.
That's EXACTLY what I was trying to figure out. I should give 24 hours notice for a mid-lease inspection and open closets? But how else CAN you prove it when girlfriend says "that's not true. They lie"? The boyfriend will probably pack all of his stuff up, when he's gone for the month, and leave it in his car parked on the street. He'll probably do the same given any 24 hours notice.
Unless the girlfriend's roommates have an issue or speak up (which they have not said one word about, although the 3 of them have been cc'd on all of the emails between the girlfriend and me) and want him OUT, what am I REALLY going to do about it?
Cell phones have time-stamps. I'm not technically savvy enough to know if you can "fix" a time/date stamp, so that's all I would have. If I had the time, I would demand she show me proof she owns anything when it comes to the jacked-up hoopty.
Quote:
I'm guessing a letter from your attorney will be enough to get them to take option 1 or 2.
I'm not going to take it that far. I wrote my own letter to them, emailed it and will send it snail and certified snail to all of them.
And to start an eviction? For $1400? I don't see the point. It's more about the principal, not the money...and in my mind, her little baby act and his big "I'm protector of my poor little Chinese girlfriend who can't eat unless I feed her by hand, because who else will?" is creating issues with the 2nd floor tenants.
I'm sure they (2nd floor) would have been much more amenable had girlfriend tenant gotten off of her 85lb 5'8" anemic rear end and asked them if they would move their cars for hers (she claims she owns "half" of the car, but doesn't drive it because she is afraid to) and as opposed to playing the "victim" of international education and how afraid she is of asking anyone other than her boyfriend to do anything for her, so he needs to be with her all of the time. Her 3 other roommates, also international students from China, don't whine at all. They don't need a boyfriend to feed them, help them study, get them anywhere (her roommates don't have cars)....and this is why she is claiming why he "spends so much time with me, he likes to be near me and help me get through holidays and exams and day to day life because I have no family here. You should know how hard this is on me".
I could have written her 10 pages of why she should have figured that out four years ago and is NO EXCUSE for breaching the lease, but that's all noise.
So how do you avoid this in the future? And PROVE it?
That is what I am hung up on. I give a lease price point for 4, and someone moves their boy/girl friend in and deny that he/she lives there. I'm out the rent had 5 honest roommates moved in and paid up.
Post a notice that all are subject to eviction if the BF will not be out or file an application and be added to the lease...the others may get upset that they are now subject to the eviction and will perhaps put some pressure on the GF of the illegally moved in BF.
Quote:
Originally Posted by Sawdustmaker
Two family property, 2nd floor tenants are upset with 1st floor tenant's boyfriend (not on the lease) always parking his car in the shared driveway and asking 2nd floor tenants to move their cars around for him. It came to be an issue yesterday b/c the boyfriend asked the 2nd floor tenants to move their cars so he could park his car at the top of the driveway for a month. He and his girlfriend (my tenant) are going home to China to visit her parents after she finishes her exams - which start next week.
Went back and forth and finally the 2nd floor girls told me that he's moved in and has been living there since his girlfriend and her roommates moved in on 9/1. When they asked him why he didn't leave his car at "his place" since it was closet to the airport to get car service from, he told them he was 90% moved in downstairs and really didn't live at home any longer. Girlfriend tenant denies it, gave me a whole spiel that made no sense.
He should have kept his car parked on the street and not told anyone he moved in with his girlfriend & her roommates.
The lease specifically states that visitors & guests are allowed (non-specified time limits, which will have to change) as long as the visitor/guest does not use the property as a primary/private residence.
I get that these are college kids and the boyfriend/girlfriend sleepover thing happens all the time. I don't think it's fair that the 2nd floor girls will be charged more for water/sewer. It's a shared utility expense, split evenly between all tenants on the lease.
These 1st floor tenants were given the rental rate for 4, they had a 5th who backed out, and she was going to be an additional $150 month.
I did speak to my lawyer this morning. He told me to do exactly what I already did, and that was offer the boyfriend two options:
1. Sign the lease and start paying me the rent in full for 5 tenants.
2. Move out.
He said my 3rd choice was to evict, but I would need proof. As in pictures.
The girlfriend tenant got back to me and reiterated the same BS she did previously.
Evict the GF on the smoking. If it's stated in the lease as a non smoking occupancy. Bent levee is right also. You can tell the other tenants they do not have to accommodate his oarking
Yup. I would ask to see a copy of the title and registration if she claims its hers.
That is not exactly a right a landlord has..
Quote:
Originally Posted by manderly6
At the very least I would probably tell the top floor they have zero responsibility to move their cars for the boyfriend.
For sure this. If it is shared parking, I wouldn't be moving to appease anyone anyhow.
Quote:
Originally Posted by bentlebee
Post a notice that all are subject to eviction if the BF will not be out or file an application and be added to the lease...the others may get upset that they are now subject to the eviction and will perhaps put some pressure on the GF of the illegally moved in BF.
Worth a try I guess, but like it was said before you would still have to prove he was living there to evict based on that.
Quote:
Originally Posted by Sawdustmaker
That's EXACTLY what I was trying to figure out. I should give 24 hours notice for a mid-lease inspection and open closets? But how else CAN you prove it when girlfriend says "that's not true. They lie"? The boyfriend will probably pack all of his stuff up, when he's gone for the month, and leave it in his car parked on the street. He'll probably do the same given any 24 hours notice.
And to start an eviction? For $1400? I don't see the point. It's more about the principal, not the money...and in my mind, her little baby act and his big "I'm protector of my poor little Chinese girlfriend who can't eat unless I feed her by hand, because who else will?" is creating issues with the 2nd floor tenants.
I'm sure they (2nd floor) would have been much more amenable had girlfriend tenant gotten off of her 85lb 5'8" anemic rear end and asked them if they would move their cars for hers (she claims she owns "half" of the car, but doesn't drive it because she is afraid to) and as opposed to playing the "victim" of international education and how afraid she is of asking anyone other than her boyfriend to do anything for her, so he needs to be with her all of the time. Her 3 other roommates, also international students from China, don't whine at all. They don't need a boyfriend to feed them, help them study, get them anywhere (her roommates don't have cars)....and this is why she is claiming why he "spends so much time with me, he likes to be near me and help me get through holidays and exams and day to day life because I have no family here. You should know how hard this is on me".
This all just makes you seem bitter for some reason not to do with the business aspect of renting an apartment. As for the inspection and looking in closets, be very careful. If not written into the lease, no inspections whatsoever. Also, even with inspections, if caught opening closets and such this could lead you to legal trouble.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
