Tenants are not just responsible for paying rent. They should also take care of your property and follow the terms included in the lease agreement. For this reason, a landlord could not just rent out to the first person who responds to his ad. He has to perform a thorough background check first so that he will find someone reliable.
Landlords must know who will stay on his property, including tenants’ guests. It is normal for your tenants to invite guests over. You can expect their friends or family to visit them from time to time. Tenant guests are generally okay, but what happens when they have overstayed their welcome?
Long-term guests are also known as “rogue tenants.” Rogue tenants are guests who have stayed far too long in the property that they have already taken up residence. These tenants were not screened and are aware that they are not allowed to be in the property for as long as they want. They might not have intended to stay longer than planned, but some circumstances led them to overstay. Various excuses may have been given to the landlord, but it still shouldn’t be tolerated.
For example, your tenant had just given birth and asked her mother to live with them for a few days just until she could manage on her own. But then, days turned to weeks, and her mother started to bring more of her belongings. They think it is okay because she is just a long-term guest. Long-term is not applicable if they are only guests.
Let’s talk about liabilities. Long-term guests are not included in the lease agreement. This means they do not have any obligation to follow the policies and rules, which becomes the real problem for landlords.
How should I handle rogue tenants?
The best way is to prevent it. You should have this in your lease agreement. It may seem like there are a lot of details that should be in the contract that can be a bit overwhelming but trust me, it will help you along the way. Having a strict policy on tenant guests can discourage your tenants from having them. This will help avoid long-term guests.
Here are some rules you can apply for tenant guests:
- Guests staying for more than one night should be limited to two.
- Tenant guests are allowed to stay in the property for a maximum of 10 days or depending on the landlord.
- If they want to extend their stay, there should be approval from the landlord.
If you were not able to prevent it, there are still some things you can do. If you found out that the tenant guest has stayed for more than the number of days allowed, you can tell them that he should be included in the lease agreement to establish his liability as a tenant. You can also ask for an additional rent payment from the guest.
If they refuse to sign, there should be consequences. You can consider evicting the tenant because it is a breach of the contract. This will also help them realize the seriousness of the situation.
Here are more examples of guests-turned-rogue-tenants and how to handle them.
First example:
A tenant’s friend has been laid off from her job, and cannot afford to keep her apartment. Your tenant offered her a place to stay until she finds a new job. Her guest remained unemployed and has been living in your property for more than two weeks.
Have the guest file an application form and sign a lease agreement if she exceeded the allowed number of days. She should also be obligated to pay rent and follow the terms in the contract. But if she remains unemployed, then she won’t financially qualify to rent. Tell your tenant that her friend needs to find somewhere else to stay, or else they will both be evicted.
Second example:
Your tenant’s brother had to move out of his house because his landlord has not repaired the major damages in the property. You noticed that almost a month has passed and he is still around.
It might be a little harsh, but the guest should have to go. You can also offer to have them sign a lease agreement, but only after they have terminated their previous lease. They can do this if their previous landlord failed to repair the damages, and the property was rendered uninhabitable.
You can also offer them a different property if they need a new place to rent. Ask them to check out your other property listings at Padleads that are more affordable for them.
Rogue tenants can get away as unauthorized guests only if the landlord is too lenient. You should establish a strict set of rules, and make sure you firmly enforce it. Remember that if you are too tolerant of your tenants, they might think they can break more rules, and you won’t call them out for it.