CoHabitation

[SlumLordMike]

I'm reaching out to my fellow MB Landlord & legal knowledge holders for guidance. I have a slight dilemma at hand that I have not had the pleasure of dealing with prior to today.

SlumLordMike (SLM) buys a property with decent tenant in place.
SLM & Tenant have a fine understanding and business agreement.
Tenant aquires romantic interest somewhere along the line and play house.
After 18 months, tenant and romantic interest (RI) are not getting along.
Tenant wants RI out but is fearful that RI will tear up the ppty if notified.
SLM wants to keep Tenant.
Local Police claim RI has a right to ppty. (WTF?)
RI is not on the lease.

Is there a way to put RI on the curb short of Tenant getting a restraining order?

SLM wants to help & keep Tenant.

Thanks for solid advice.

SLM

[Debbie]

Hi Mike

I have a couple of ideas that would be doable but first thing first.

Do you have a lease or rental agreement (ie m2m agreement)?

[SlumLordMike]

Hi Mike

I have a couple of ideas that would be doable but first thing first.

Do you have a lease or rental agreement (ie m2m agreement)?

SLM & Tenant have a fine understanding and business agreement.

i.e. Lease

[Debbie]

Hmmmm....M2M would be easier....oh well, it might work IF, a big IF both tenants are willing to do it.

Dissolve the current lease with both tenants. Return security deposit (if any). Then, turn around and re-rent to the tenant you really wanted (completely brand spanking new lease).

RI does not need to know about any of it beforehand and during the dissolving the current lease.

One strong advice---do add a clause of not allowing additional person living on the premises. Saves alot of work as you're already finding out.

Let me know if they're willing to "break" the lease.

[mike_mn]

Mike,
As long as you have not accepted any payments from RI, you should be fine in my opinion.
My feeling legally is that RI only has a legal right to be in the property as a visitor and any legal right to stay their is that of the Tenant. Therefore, if the Tenant decides that they no longer want RI to be in the property, that is an issue between them. If Tenant wishes for you to help, draft a lease for RI for the amount equal to the current rent and require RI to sign or move out.

I personally don't think you have any liability coming if Tenant takes all RI's stuff and puts it out on the curb and then changes the locks. Local police likely have very little understanding of landlord tenant law. Do you know the statues on co-habitation in MO? I would look them up, there is likely something that touches on the topic. You should be able to claim that extra tenants are required to be on the lease. You beleived RI to be a visiting RI to the Tenant the whole time they were there and believed RI had their own place to go home to at any time. tough to say if that is a good arguement or not. Check out your landlord tenant statues and check back.

[SlumLordMike]

I've not taken any payments from RI. She isn't on the list and isn't getting on any of my leases. Since she can't hold a job & doesn't own anything, there is no point.

The local police claim that since she has slept there for a year she cannot just be locked out.

What I've decided to do is tell the tenant if he is serious about getting rid of her then he needs to get a restraining order. At that point, once the paperwork is in place we'll change the locks and hopefully be done with it.

[mike_mn]

Sounds like a good plan.

Even without a restraining order, as long as you give your tenant permission to change the locks, I think you are in the clear. It becomes a domestic issue, not a landlord tenant issue. If the police believe that in a domestic issue case, that the RI has a right to live there, then that is between tenant, RI and police.

But I like the idea of the restraining order to make things clean.

Good luck...I would love to hear how it turns out.:SM001: