Commercial and Residential. The best legal advice you will ever receive as a landlord is advice that helps to prevent and/or avoid problems and litigation. Toward that end, as an attorney, I can give you the following legal advice; I strongly recommend that you: (1) get a lawyer, (2) get the right lawyer, and (3) have this lawyer prepare or review your rental agreement and other forms. A few dollars spent to properly prepare your forms and establish your procedures will avoid many problems and oftentimes help to avoid litigation. Avoiding problems and litigation will save you more time and money than anything else you do. Moreover, in the event litigation cannot be avoided, properly drafted forms will dramatically increase your odds of winning at trial.
Looking even further ahead (not to be pessimistic, but to be realistic), in the event you litigate and lose, you should discuss "asset protection" with an attorney who practices in that area (who may or may not be the same attorney that helped you with your forms). You should also review your insurance needs with your insurance agent/broker.
I have a tenant that has had a guest for almost two months, that I'm aware of. I asked to speak with the guest, I informed them that they were over the 30 days allowed to stay as a guest, if they were intending to remain, they needed to apply for residency, if not, they would need to leave the property... As the manager was I able to 1) verbally able to speak with the guest, and inform them of this? If so, was it legal for me to say they needed to vacate my property?
Response by Carlton C. Casler: Yes, you may legally speak to anyone renting, occupying or visiting your rental property. As the landlord, you are entitled to ask unauthorized occupants to vacate your property and, therefore, your request for the guest to leave was legal, but your ability to judicially remove the guest from the property is questionable. Whether or not an “unauthorized occupant” or extended “guest” is permissible is determined by your rental agreement or the LL/T Act. The best place to address this issue is in your written rental agreement because you may specify time limits for “guests” and “visitors,” when a guest or visitor becomes an unauthorized occupant, and whether you may charge additional rent for unauthorized occupants. If your rental agreement says nothing (which you should correct before you sign a new lease with another tenant), then you must look to the LL/T Act. Section 33-1368(A)(1) of the Act states you may issue a 10-Day Notice of Material Noncompliance if the tenant misrepresents the number of occupants on the tenant application or in the lease. Unfortunately, the Act does not specify when a “guest” or “visitor” becomes an unauthorized occupant, so victory in court is not assured. Good luck.
Posted by: jacob trembly | August 02, 2013 at 11:11 AM