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CA_Property

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Reply with quote  #1 

I have a house with five college students living together that signed a one-year lease (Aug ’14-Aug ’15). It started with one of the tenants complaining that another was having her boyfriend over and she did not like it. I talked to them in Nov. ’14 and explained to them that they need to work together and come up with a tenant agreement that works for everyone. I didn’t hear anything until Feb. ’15 when the same thing happened again. They were complaining that the boyfriend was over too much and spending the night and they did not like it. Again I told them that they needed to come up with an agreement that worked for everyone. They tenant with a boyfriend tried to get an agreement down but none of the others wanted to work together.

Fast forward to this weekend were one of the tenants mother’s (I know crazy) calls me and demands I give them a refund for last months rent, her security deposit, and that they are not paying for the summer months (June & July).

I am just wondering if I have any legal responsibility for significant others spending time at the house. Nothing in the lease stipulates this. If I was in the wrong and broke any laws I will give them whatever they want so it does not go to court. Should I give in or are they just bent out of shape?

Thank you.

ahkenaten

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Posts: 156
Reply with quote  #2 
Whomever is the person attached to that boyfriend who keeps staying over is the real problem. Your lease should have something stating that only the people on the lease are allowed to live there. If a tenant is bringing over her boyfriend and he's staying over on multiple nights a week, using the utilities, etc., he can be considered by many landlords as living there and therefore the girlfriend is violating the lease. Obviously the guy is causing some issue with the tenants. Your responsibility when tenants have a disagreement with each other is to stay out of it and tell them to be adults and work it out... as you've been doing. But when a violation of the lease is the cause of the friction, then you have to get involved and let the lady know that the boyfriend is not allowed to sleep over anymore. If she does it again then it's a violation of the lease and she can be thrown out. Check with your lawyer as different states have different ways of looking at it, but that's my take.
AudreyW

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Posts: 15
Reply with quote  #3 
She can't demand those terms. She can't withhold you rent. And she can't demand a refund of either her last month or her deposit. 

Even if the other tenant is breaking some hidden tenancy law about her SO staying over a few nights, which I think she does not, the other tenant has no right to such privileges as she demands. 

She's just being difficult. However, you will need to stop the boyfriend from sleeping over, or overstaying, as it's still her home and if he's an unwanted visitor, she has the right to demand him gone. 
BritneyR

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Posts: 224
Reply with quote  #4 

You must discuss the issues with the tenants. Ask them to mutually resolve everything and sign an agreement explicitly stating the rules of tenancy.


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KevinPeters

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Reply with quote  #5 
You must discuss the issue with the renter and then mutually solve the issue.
amirsahil33

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Reply with quote  #6 
Take the matter to civil court.
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MelissaPagan

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Posts: 2
Reply with quote  #7 
Yeah, contacting the lawyer was only the option and make them understand the law better. What is the current scenario? One year lease is over and the problems might be also solved. My landlord friend also faced the same situation and he contacted the lawyer Bechara Tarabay and they together solved the problem.
OHlandlord

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Posts: 3,720
Reply with quote  #8 
First, if this was not addressed in the lease, no one violated it.  This is a matter between tenants, not you.  They need to solve it.  Suggest the tenant get together and make house rules between themselves.

Second, you don't speak to relatives of tenants about their leases.  They aren't on the lease and you have no reason to discuss someone else's lease with them.  The leasees were adults and didn't need her permission to sign.  So you don't discuss anything with relatives.

Third, no one can demand rent returned for previous months.  They lived there for that period.  Their belongings occupied the place for that period.  So they owe rent for it.  Period.

Fourth, deposits are only returned after ALL tenants move out.  Not partial deposits after each one.  One check written to ALL the tenants so that all must sign it.  And only after the entire unit is vacated.
12Jgoldt

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Posts: 30
Reply with quote  #9 

The first thing you, as a  landlord should do when having any problem with tenants is talk to them, calmly and fairly. If you can’t come to the agreement, ask real estate agent to help you with that issue. 

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