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dll88

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Posts: 2
Reply with quote  #1 
My tenant who rent 1 BR unit  now has 3 people living inside the unit. On the lease agreement, it has her name only. Now her husband  and one child from outside the country come and stay with her. This studio unit is very small and it's designed for one person. I talked with my tenant nicely to pay extra $200/month to allow additional person live inside the unit. She firmly say no and  I ask to pay  little bit more and she also say no. 
Please advise what should I do with this tenant.  She just move in 2 months ago.

OHlandlord

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Posts: 3,809
Reply with quote  #2 

You will need to send her notice of lease violation or a Perform or Quit notice to remove all unauthorized occupants from the unit.  If she fails to do so, you can begin eviction proceedings against her.  Does this tenant have a lease or is she a month to month tenant?

dll88

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Posts: 2
Reply with quote  #3 

Thank you for your response. This tenant has 1 year lease agreement and move in a few months ago.

OHlandlord

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Posts: 3,809
Reply with quote  #4 

I just saw you were in CA.  You may have to consult CA law.  That state is very tenant-friendly and it may allow for relatives to live with a tenant (only a few states allow this).  If this is her husband and child that have moved in, you might have to allow it.  (HUD guidelines generally allow 2 people per bedroom plus one - thus allowing 3 people to live in a one BD unit.)  Please consult state law before giving a notice to perform or quit.  If no regulation allows this, then you will have to end up terminating her tenancy for the violation to get the others out since she will want to continue to live with her husband.  Good luck.  This is always one of the hardest types of eviction - evicting for unauthorized occupants.  In future, you may want to add a clause to increase rent if you approve other occupants.

smezera

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Posts: 1
Reply with quote  #5 
I live in Wisconsin and have a rental house. The tenants lease is up next month. We have become aware that she has an additional 5 people living int he basement of the home, which violates the terms of the lease. We have verbally told her twice that she cannot have those people there, she told us they had moved out. Nope, they are still there. On top of the lease violation, these additional unauthorized people are living, sleeping in the basement. The basement has only 1 entry, so my other concern is in regards to safety. What can I do?  I don't want to start eviction with her lease being up in a month and a half. How can I get these people out of the hosue?
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Shawn Mezera
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