What can I do with unauthorized occupant? 6 Answers as of February 25, 2014

Have a rental with one tenant and she is allowing another person to "stay" there, she says he does not live there but just visits, and spends the night a few times a week. At what point does this visitor become an unauthorized occupant and what are my rights as the landlord around this visitor. He is not on the lease and the lease does indicate that there can be nobody occupying the unit for more than 3 days.

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Malia Law LLC | Glen P. Malia
In NY a tenant is allowed to a family member, which would include a live-in boyfriend, move into the apartment, even if the landlord does not consent. Therefore, if you are in NY you may not be able to do anything about it. However, you can advise the tenant that because of the "guest" you will not be renewing her lease when it comes due. This may get her to follow the rules you have laid out to her. Obviously, if her lease has previously expired and she in now a month-to-month tenant you can serve her with a notice of termination and subsequently evict her if she does not move out.
Answer Applies to: New York
Replied: 2/25/2014
Law Offices of Frances Headley | Frances Headley
Should you so desire, you can serve a 3 day notice for failure to abide by the conditions of the lease. Bear in mind however that this type of eviction can be difficult due to the problems in proof. You should consult with a real estate attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 2/25/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Evict them.
Answer Applies to: New York
Replied: 2/24/2014
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
You will want to keep an eye on it and see if in fact this "tenant" is staying beyond the time specified in the lease. If so, you can issue a 10-day notice to comply with the lease terms or vacate. You should also ask, if the guest is not living there as claimed, to see a current utility bill and/or copy of that person's lease. If they can prove they in fact live elsewhere, then there should be no problem, but if not, then you will have more proof of the unauthorized tenancy that may be useful if you have to pursue an eviction.
Answer Applies to: Washington
Replied: 2/24/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You could threaten to find her in breach of the lease and if so, evict her. On the other hand, you could amend the lease and make the boyfriend also on the lease. If she is paying rent, why are you concerned?
Answer Applies to: California
Replied: 2/24/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    I suppose you could evict the tenant for violating the lease. I don't think you can get rid of the guy because of trespass because he is an authorized guest. On the other hand, is he causing waste to the premises? Are you suffering harm to the property because he is there? If not, you may find that the judge is not too sympathetic to your position.
    Answer Applies to: Idaho
    Replied: 2/24/2014
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