Topic: Unapproved resident living in unit
I have a new tenant who moved in to my upstairs duplex (I live downstairs) two months ago. I made it very clear that there were only to be two people living in the unit--my tenant and her daughter. Right away it became evident that her boyfriend was also living with her. I confronted her about it and she denied it and said he was just visiting. Then I found his clothes hanging in my basement. I began working from home and he stays here during the day with their daughter when she is at work. It's an old house and I can hear there are two showers and one bath taking place every day (I pay utilities) and he clearly doesn't work. They have one car that they share. I also said from the beginning, and it's in her lease, this was a NO SMOKING property. He smokes. He stands in the front of the house and smokes. I have asked him to stop several times and he just moves to the sidewalk. I really need the rent money and they aren't HORRIBLE tenants, other than the fact that she flat out lied to my face and is disrespecting me by ignoring my wishes. I am about to serve her with a notice of lease breach and give her three days to have him move out or fill out an application (I don't even know his name and for all I know he's a felon) and sign a new lease. My question is can I increase the rent if I have them sign a new lease? I am incurring more utility and personal liability costs and she has clearly broken her lease. I am worried about having someone in my house who I don't even know. He could damage the property and I wouldn't even know who he is ... and he becomes a tenant at will whether I like it or not. What can I do here? My house is currently for sale and I don't live in a great area, so it's not easy to find tenants. But I can't have someone living here without a lease and I want to raise the rent from $700 to $750. Thanks for any help!
Posted by: amywrites St. Paul Relevant for: State Specific Post Minnesota 1 Replies 1029 Views

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Posted by:CoolBreeze 523 Days Ago

Your tenant is breaking your lease. The man has no legal right to live there.

You have two options. You may either move immediately for an eviction process due to violation of the lease agreement or increase the rent for as long as the tenant is occupying the unit.

You may give a month-to-month renter a 30- day "no cause" eviction notice, or a "for cause" notice in the case of a lease, which states the violations and the opportunity to correct the problem in the case of a lease.

Or, you may simply demand that the unauthorized roommate go through the normal application process and then you can either approve or disapprove them.

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