Enforcing Lease Terms: Managing Unauthorized Occupants

Leena Cherian • February 5, 2025

An unauthorized occupant is a person (18+) living in your rental property who is not listed in the lease agreement. Unauthorized occupants can cause complications for landlords, especially when tenants allow others to live in the property without permission.


Common Issues:

  1. Tenants may sublet the property or allow others to live in the unit without informing the landlord, violating lease terms.
  2. Allowing more people to occupy the rental than permitted can lead to safety hazards, property damage, or issues with local regulations.
  3. Sometimes, unauthorized occupants may not be immediately visible, and landlords might not notice until issues arise (e.g., complaints from neighbors or increased wear and tear on the property).
  4. Since the unauthorized occupant has not signed a lease and has no legal right to live in the property, they also have no legal obligation to abide by the lease the landlord has no legal right to enforce consequences either.
  5. The unauthorized occupants  do not pay rents or any bills  and continue to stay causing financial damage to the Landlord.


Solutions:

  • Ensure that the lease specifies who is allowed to live in the property, and clarify policies around subletting and additional occupants.
  • Screen the tenants thoroughly before signing the lease and review their rental history.
  • Regularly remind tenants of the lease terms regarding unauthorized occupants and request written consent for any changes.
  • If unauthorized occupants are discovered, address the issue immediately by issuing a notice and asking the tenant to rectify the situation.
  • If the tenant refuses to comply, landlords may need to initiate eviction proceedings or legal action based on lease violations.
  • One of the most effective ways to reduce these risks and save time is by working with a Property management Company.


By actively managing unauthorized occupants and enforcing lease terms, landlords can maintain control over their rental property and avoid complications.

Watch a video on how to deal with unauthorized occupants

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