| One of those things, and it is more common than | | | | specifically in Trenton, the judge upholds the lease a |
| you might think, is when your lease calls for the | | | | tenant signs to the letter, so as long as the landlord |
| maximum occupancy to be six people and you find | | | | shows no negligence in anyway. In other words you |
| out there are about ten people living at your house. | | | | have done all of your due diligence to rectify a |
| Think it can't happen? Think again. In my ten plus | | | | situation before it gets to court, and during that |
| years of experience in being a landlord, it happens, | | | | process you have not broken any laws. |
| and quite often. However it is not something to lose | | | | Sounds pretty straight forward right? It is and should |
| sleep over as you can protect yourself from this. | | | | be. Now that you have that in place, you should have |
| The first place to start is to specifically define this in | | | | an additional line that reads, Landlord has the right to |
| the lease agreement you make your tenants sign. In | | | | begin the eviction process if the tenant exceeds the |
| the lease agreement that I use, it specifically lets the | | | | maximum amount of people residing on the premises |
| person know exactly the number of people that can | | | | as noted in section x paragraph y of this lease |
| live on the premises. Most leases do include that, but | | | | agreement. Obviously the section and the paragraph |
| mine does not stop there. | | | | are where you put the maximum number of people |
| I further customized mine to detail the specifics if the | | | | allowed. |
| tenant breaches the contract. For instance, the lease | | | | This is just another piece of your lease that, again, |
| tells the tenant that no one can stay longer than two | | | | gives you some firepower when it comes to |
| days (you will have to check in your area of what is | | | | enforcing the fact that the tenant can not have too |
| allowed and what is not), and if they do so, they are | | | | many people living there. This lets them know that |
| responsible for paying an additional $10 per day per | | | | they risk eviction if they go above that number, and |
| person fee on top of their rent. | | | | it lets them know in writing, that they agreed to it, |
| The first thing that pops into your head, I am sure, is | | | | by signing the lease agreement. |
| "yeah right, how do you enforce them paying that, | | | | Many states already have maximum occupancy laws |
| and how do you prove it." It is not in there to have | | | | in place, and you should find out if your area already |
| you make more money. It is another provision in the | | | | has them. However, do not leave it open for debate |
| lease that gives you additional ammo, so to speak, | | | | if you need to evict a tenant. Get it in your lease, in |
| when the time comes for an eviction. | | | | writing where the tenant agrees to it and signs the |
| I can not speak for all states, but in New Jersey, | | | | lease. |