How to Handle Rogue Tenants and Long-Term Guests

Written on June 21, 2014 by , updated on April 13, 2015

Rogue Tenants

Anyone living in my rental property, who is legally an adult, must be listed on and sign the lease.

It’s a simple rule that I always follow, and it has never steered me wrong.

Rogue Tenants

This is going to sound harsh, but I don’t really care if it’s just a college kid, home for the summer, or an elderly woman who’s moving back in with her daughter. I’ve heard all the excuses in the book, but it all comes downs to liability and my ability to collect rent.

I refer to long-term guests as “rogue tenants.”

Rogue tenants are individuals who have taken up residence in my property without approval or permission, and perhaps even changed their mailing address to receive mail at my rental property.

Liability and Accountability

If they are not on the lease, then they are not subject to the terms and conditions therein, and I cannot hold them accountable for rent. That’s a big problem.

Most of the time, they move-in under the assumption that they are only going to be visiting for a week or two. Before you know it, they have been living there for five months, never having received prior approval. They think of themselves as “long-term guests”.

Unfortunately, the words “long-term” and “guest” are contradictory.

Rogue tenants are not necessarily bad, they just need to be documented and accountable to the terms of the lease. After all, I do want my tenants to be happy. (tweetable?)

Whenever this situation arises, my answer is always the same:

If you are an adult, living in my property, I need to know who you are – which is why you need to fill out an application – and that you will be jointly and severally liable for rent and damages – which is why you sign a lease.

I believe that if I treat my tenants like adults, they will behave as such.

Use of Premises

To accomplish this, I use a rock-solid lease, and stick to it. The moment I deviate from enforcing any part of the lease, I set a precedent that I will waive other lease terms, such as late fees or eviction.

In my lease, I use a clause entitled “Use of Premises” to limit the number of people allowed to occupy the dwelling and to explain the difference between a tenant and a guest.

As you can imagine, some tenants want to hide their guests simply because they don’t want me to raise the rent.

In fact, I rarely ever raise the rent when a college kid comes home, but I want to option to do so, just in case my individual tenant suddenly decides to move in seven extended family members.

Refusal to Sign

If a rogue tenant or long-term guests refuse to sign the lease, I have the option to terminate the lease, based the original tenants violation of the provision listed above.

The main purpose is not to raise the rent, but rather to have everyone accounted for and liable for the rent in case the original tenants abandon the lease.

Most tenants (rogue or otherwise) usually comply with signing the lease, especially if there is no extra expense.

Common Examples of Rogue Tenants

College Kids

  • SITUATION: Empty-nesters often want to downsize, so they sell their house and move into my rental. Then, their youngest either drops out of school and moves back in, or simply comes home for the summer.
  • MY RESPONSE: As long as this does not violate any county occupancy ordinances, or increase utility usage that I pay for, I simply create a lease addendum that adds the additional occupant to the lease, by name, and then I have everyone sign it.

Sick or Elderly Parents

  • SITUATION: An elderly parent takes a bad fall and now needs regular assistance. The children (my tenants) quickly volunteer to take mom in, without considering either the landlord or the lease.
  • MY RESPONSE: Because mom is at higher risk of accidents and injury, I especially want to make sure she signs the lease, not so much for the rent collection aspect, but just so she acknowledges her responsibility to obtain her own renter’s liability and medical insurance. The sad truth is that landlords can be held responsible for the personal injuries of tenants, but some of that risk is mitigated if they sign a lease. Again, as long as this doesn’t violate any county occupancy ordinances, I think family should help each other and stick together.

Single-Income Couple

  • SITUATION: Sometimes a couple will want to rent my unit together, but only one of them has an income. They assume that only the person who is qualifying for the lease needs to be listed.
  • MY RESPONSE: I’m all for true love, but I’m not stupid. Even though the couple might qualify based solely on one income, I still need both individuals to fill out separate applications and sign the lease, because they are both occupants. This protects my rental income if the couple breaks up or gets divorced.

The Perpetual Overnight Boyfriend of Girlfriend

  • SITUATION: Three days after your new tenant moves in, the neighbors call and say “I thought you only had one new tenant?!?” When you approach your tenant, she says, “Oh, that’s just my boyfriend. He was fired from DQ, and doesn’t have any money, so he’s staying with me until he can get on his feet.
  • MY RESPONSE: In response, I simply point to the lease and say, “That’s fine, but if it’s more than two weeks, I’ll need him to fill out an application and sign the lease.

The Forbidden Sublet

  • SITUATION: If subletting is prohibited in the lease, or if there is an extra fee involved, sometimes tenants will try to hide their subletter. Sometimes jobs change, or they need to leave, but they don’t want to pay the early termination fee or the subletting fee.
  • MY RESPONSE: If I learn that a subletter has moved in without my approval, I usually just require them to pay the one-time subletting fee (mentioned in the lease), under threat of a lease violation and subsequent termination. However, if the subletter wants to live there for a while, I might try to release the old tenant, and sign a new lease with the subletter (who then becomes the leasee). Therefore, I sign a longer tenancy, the original tenant is released, the new tenant doesn’t have to hide from me. Everyone is happy.

Share Your Story!

I’d love to hear your stories about long-term guests and rogue tenants. How did you handle them?

Please share in the comments below!

photo credit: Yevy Photography via cc
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791 CommentsLeave a Comment

  • Gena

    5 Year’s ago I rented a suite, paid SD . Owner sold house and says SD went with bill of sale to next people. The next people owned property tried to renovate and ended up selling to third person. Third person allowed me to stay on property which I paid rent regularly and when I asked for my SD he told me he never got it so he’s no paying. By the way I am a victim of renoviction. Where do I go from here.

    • Jim

      I’m pretty sure that the purchaser takes possession with all the encumbrances which would include the SD. All purchasers along the line had to legally receive a copy of the rental agreement which should have had the SD listed or with a separate copy of SD receipt which LL must give to tenant. If you have the lease listing the SD or a separate receipt for SD just show it to the new owner and that should settle the question. If Oregon property, new LL/Owner has 31 days from your date of vacating the property to give you the SD. If he doesn’t go to SC court. You will win much more than your SD. Go to Oregon Revised Statute 90.xxx where you’ll find all you need to know.

  • Ashley

    So I’m stuck! I currently live in a 3 bedroom house with my older sister, her husband, my 2 younger nephews & my younger niece (their children). We’re renting this house from a landlord who owns the property. I myself pay $900 in rent for my room. My sister & brother in law pay the remaining rent ($2,600). I do have a boyfriend who I work with which means we carpool. He only spends the night no more than 2 nights in a row & every now & then. He doesn’t shower or eat here. We’re never at the house during the day and hardly ever home on the weekends. My brother in law has stated to me, he feels my bf is over too much (sister just goes along with it) & that if he needs to he will contact the landlord & have him remove me from out year lease.

    • Jim

      Sounds like your brother-in-law really dislikes your BF for if he were to get you evicted he would have to pick up your share of the rent. You are definitely not in a very tenable situation but I can understand your BinL’s position. If I were raising a young family of children I don’t think I would want my sister-in-law bringing her boyfriend into the house for a booty call. Why don’t you go to your BF’s instead and solve the problem? Or the two of you get your own one BR apartment? Having a sleep over BF should have been one of the discussions you had with your sister and her husband before entering into the communal rental agreement. Your BnL wants his privacy and sounds like your sister does too.
      Good luck

  • John

    I live in a 3 bedroom apartment in Santa Monica, CA. The last person to join the apartment has invited his girlfriend to live with him in his room (he covers the rent for both). We’ve been living in this apartment the 4 of us for almost 2 years now and I’m sick of the lack of space (this apartment is small enough for 3 people). Our lease clearly states that only 3 people shall be living in this apartment, therefore, what am I legally allowed to do in this circumstance? Can I ask the landlord to evict them or are they allowed to changed the lease to allow for 4 people?

  • Alicia

    I’m renting a 4 bedroom house with my sister. After a couple months of living in the home together my sister reached out to me about friends needing a temporary place to stay. After talking with each friend about their time frame and our conditions, we are now over 30 days in and some friends have exceeded their agreed upon date, and have not respected the conditions of our home. What notice or action should we take to have these friends removed from our living situation?

    • Jim

      Tough spot, Alicia. First off, I would tell your sister that her friends have exactly 14 days to vacate and that she has to inform her friends TODAY and you witness the discussion and give her whatever reinforcement she needs to accomplish a NO CONDITION notice. Education has a high tuition. Lesson to learn: NO FRIENDS, NO FREEBIES. I’m sure you work to earn an income so you can afford to pay the rent. Everyone needs to pull their own weight.

      Depending on the language of your lease, you may be in violation of ‘subletting’. You may need to discuss with your LL any help she/he might be able to afford if the freeloaders are not out in 14 days. They may have already established legal tenancy rights.

      Good luck

  • Mary

    Hello, I’m currently renting a unit to a tenant with all utilities included. The lease states that the unit is for one person only but the tenant has two or more friends stay every night. My lease does not address overnight guest so the tenant is taking advantage. The tenants guests are increasing my utility cost. How do I stop overnight guest every night?

    • Jim

      If you are on a MM lease, you draft a new lease and inform the tenant that they must sign the new lease or leave. Of course, the new lease will address guests. Read the ‘guest’ clause above. Modify it to your desire. Our lease states that no one guest can sleep over for more than seven nights in a 12 month period without qualifying and becoming a signature to the lease. We are extremely stringent. If you have a fixed term lease you are behind the 8 ball. You will have to find other good ’cause’ reasons to terminate. You might also attempt to sternly remind the tenant that the rental amount is for ONE occupant and that you cannot allow so many overnight guests at the current rent.

      Good luck

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