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kbrandt58

Registered: 07/29/08
Posts: 11
Reply with quote  #1 

Does anyone have the wording for my rental agreement that prohibits and charges extra for unauthorized or "extra" tenants?

OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #2 

The problem with this rises to how do you prove "extra occupants" vs. "permitted visitors"?  How can you determine the difference?  It is very hard to determine - just seeing them there isn't enough.  (Ever try evicting someone based on this?  Nightmare!)  The best advice I can give you is to put a good clause in there to explain the difference, limit the number of overnight guests through the lease term, require guests staying extended periods to register with you, and make the tenant sign and initial each of these clauses to show acceptance of it.  That, in conjunction with a clause stating extra rent for unauthorized or extra occupants, will help.

rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #3 
In some states you need to word things carefully.  In NJ I have found this clause about leases when looking at the NJ law sites.

"Sometimes, landlords will try to include unreasonable or unfair terms in the lease. For example, a lease may require a tenant to get the landlord’s permission to have overnight guests or visitors. This rule is unreasonable. A tenant has the right to have friends or relatives visit for a few days without getting permission from the landlord."
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #4 

Exactly.  That is why you must put a reasonable limit on the number of days total that they can have overnight guests.  Allowing 9-12 guest visits over the term of a 6 month lease seems more than fair, this allows a guest every other week.  But without a limit, the tenant will claims that her live-in BF or brother is a guest, the adult child who comes home to live is a guest, etc.  (Been there, seen that!)  So I put a limit to total guest stays and have them register anyone who will be staying longer than that total (asking arrival & departure dates).  This allows longer visits of out-of-town relatives without a rule violation.  And it allows tenants to have guests visit for a few days without allowing unauthorized people to move in.

rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #5 
I was thinking of putting something like:

"any person not listed on the rental application staying more than 2 days in a week or 10 days in a month needs to first be approved by the Lessor or Landlord.  No more than 2 guests staying at one time"

or something like that.  I dont know if it will pass in NJ though.
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #6 
10 days in a month?  That allows guests 120 days a year before it is considered a violation.  (Hope you're not paying for utilities - they'll be 30% higher at least!)  I believe that's way too many. You'll have guests staying every weekend.  Then it will be every weekend and another day a week (up to 10 remember).  By the time they are used to that many guests, it's only a short step to a live-in.  You want to allow guests, but not so many that they are used to someone staying all the time.  How can you prove the guy or gal you see there all the time has exceeded 10 days a month?  You want it to be infrequent so they don't overstay, but allow an option to add another person to the lease in case they get into a long term relationship.

One other thing. that clause allows EACH person to stay that often, and no more than 2 guests at a time.  So you can have 2 people staying 120 days per year at a time (and conceivably, other guests staying on the days that these two aren't - as long as they don't go over the 120 days apiece).  In other words, Persons 1 & 2 stay Mon & Tues each week, Persons 3 & 4 stay Wed & Thur, Persons 5 & 6 stay Fri & Sat, and 2 others could stay only on Sundays.  8 people could stay in the unit each week without being in violation of that clause (persons 1-6 would stay 104 days per yr this way-well under your limit)!  You could have 3 people living there all the time!  Of course, that's a worst case scenario - but that's what you have to plan for.  Make a reasonable limit of guests stays TOTAL for all and any guests, not per person.
rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #7 
That sounds good.  I was only thinking of trying to stop someones partner from slowly moving in for future leases as I dont think my current lease mentions anything.

Right now my tenants BF seems to come Fri night and stay until Sun night or Mon morning which is fine.  I was hoping they broke up :>  as he was gone for a while but now it seems to have rekindled.

She is fine for now with little problem but I dont think we are going to renew her lease in 6-7 months so I am rewritting my entire lease with much stricter language for the future.
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #8 

I put my clause in the lease about guest stays too.  I often look the other way for a good tenant who is paying all of their own utilities.  If I am paying utilities though, they get a notice from me to cure.  I'm not having my utilties jacked up just because they don't want to put someone on the lease.  I had a tenant tell me once that she knew her BF didn't want to be on the lease because he didn't want to be responsible for any of her bills.  Made me wonder why she would want to be with that guy.

rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #9 
For my duplex everything is separate, even water.  I like it that way as if they use it, they pay.

I found a couple interesting things in a legal NJ lease.  I dont know if they are legal in other states.


LANDLORDS LEIN.  Landlord retains a Landlord Lein on all personal property placed on the premises to secure the payment of rent and any damages to the leases premises.

 

and

 

As a special consideration and inducement for the granting of this lease the residence shall be used and occupied only by the Lessees family or others whose names are on the Rental Agreement.

OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #10 

We only wish we could use a lien.  In most states except a select few, LLs can't place a lien on their possessions or seize possessions to pay for unpaid debts.  In OH, our only option to obtain money owed is to file for a monetary judgment against the tenant, then lien property, garnish wages, or attach bank accounts.

kbrandt58

Registered: 07/29/08
Posts: 11
Reply with quote  #11 

I found the following language and have verified tht it is legal in WY.

Occupancy by guests staying over seven (7) consecutive days will be a violation of this  (the Occupancy) provision. In the event any other people occupy and live in this rental, in any capacity, without Owner's written consent, it will constitute a breach of this agreement. It is agreed that the rent will be increased $200.00 per person per month and the Owner retains the right to terminate the agreement.


rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #12 
I just found out that in NJ you dont even need to give any notices to evict for not paying rent.  You only need to wait 5 business days from the rent due date.
 
 
Grounds for eviction (N.J.S.A. 2A:18-61.1)

a. Not paying rent

Notices required before filing eviction suit:

  • No notices are required, except where the tenant resides in federally subsidized housing. In public housing, a 14-day notice is required.
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #13 

In NJ, the rent isn't even considered late for 30 days AFTER it is due.  Only after those 30 days are up can the LL file for eviction.  Even then, he MUST accept rent and court costs (and allow the tenant to stay) up to the day of the trial.  In NJ, you can only evict for habitual failure to pay the rent on time, and not just for paying late a few times.  A very tenant-friendly state.

rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #14 
Where did you hear that as I always heard/read there was no timeframe or 5 business days and you can evict for the first time being late more than 5 business days.

Just curious as this is from the NJ State Community Affairs Truth in Renting handbook page 29 your supposed to give all your tenants.

http://www.state.nj.us/dca/codes/lt/pdf/t_i_r.pdf

A. A TENANT FAILS TO PAY RENT, due and owing under the lease whether the lease is oral or written; provided that, for the purpose of this section, any portion of rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, shall not be deemed to be unpaid rent. No written notice is required and legal action may be instituted immediately.


http://www.njlawnet.com/njlawreview/eviction.html

If a tenant fails to pay "rent" when due, a landlord may immediately proceed to commence a summary proceeding to regain possession of the premises. A landlord is under no obligation to wait for its rent, accept payments late, or accept rent in installments. However, if on the "return day" (day of court) the tenant appears and is prepared to pay all "rent" which is due, the landlord must accept the tender and dismiss the case.


rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #15 

I also found out today that my "landlords lein clause" can not be used anymore in NJ.  Booooo!!!!

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