How Do You Deal With An Unauthorized Occupant?

How Do You Deal With An Unauthorized Occupant?

You signed a lease with someone, and so far, they’ve been a great tenant, but maybe you’ve noticed some additional belongings at the property, or you have a neighbor or handyman who said it seems like someone else is living there as well. What do you do?

Who is an unauthorized occupant?

First, you must have a definition of what makes someone an unauthorized occupant. An unauthorized occupant is not listed in the lease, so he does not have permission to live at the property. Do you consider a guest for a night or a week an unauthorized occupant? Probably not. But at what point does someone change over from being a guest? The lease should spell out the difference, and your state, local laws, or community may also have guidelines for the length of time a guest can stay before they become an occupant. Your lease is between you and the tenants authorized to live at the property.

What should you care about unauthorized occupants?

Why should you care or do anything if there haven’t been any issues? Maybe it was an honest oversight, and the person just started staying more frequently, moving more stuff in over time until they started living at the property more than they weren’t. Other times, it’s an intentional way of moving in with someone who would not have been approved otherwise. It could be because the person doesn’t have good credit or a job.

While the tenants named on the lease are ultimately responsible since they are the ones that signed the lease, it still creates an issue since sometimes tenants don’t know what they’re getting into, and the longer the person stays, the more people are aware and do nothing, the more rights they may have.

For example, let’s say your tenant is single and starts dating someone who eventually moves in. They break up, but he refuses to move out, so she does. She’s on the lease and responsible but has another place to pay for since she’s no longer residing at your rental. Which one is a higher priority if she can only pay rent in one place? Plus, you’re stuck trying to evict the ex-boyfriend she left behind.

What do you do about an unauthorized occupant? 

You can try speaking to the tenant, and if the person is qualified and it was a simple oversight, they can apply, get approved, and be added to the lease. If the unauthorized occupant refuses to apply and stays at the property, you may need to start an eviction. If you have a good tenant, this is usually enough to either convince the unauthorized occupant to move or they may both end up moving.

While your tenant moving and potentially breaking the lease is usually not what you want, it’s typically better than allowing an unknown person to stay at your rental home without permission since it can cause issues down the road.

This is also why it’s essential to screen thoroughly and get good tenants who are more likely to care about abiding by the rules of your lease than tenants who don’t care.

If you need help finding good tenants or have additional questions about unauthorized occupants, call a professional Houston property management company.

We are the one you want if you are looking for a Spring Property Management Company! RentLife® Property Management CRMC® is the best choice for property management in Cypress, TX. We also offer rentals and property management in Humble, Katy, Richmond, Spring, The Woodlands, Tomball, Conroe, Houston, Magnolia, and other surrounding areas. Contact us today at www.rentlifepm.com or 832-562-3600.