Trouble brews when family, friends secretly move in

How can landlord prove 'visitors' are really illegal occupants?

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Question: We believe that there are illegal occupants living in an apartment that we own and manage. These occupants are not on the lease and we believe they are members of the tenant's family or friends. When we have asked about these people, we have been told that these people are visitors only. However, other tenants in the building also report seeing them at all hours and they are also quite disruptive to their neighbors. Our utility costs are out of control, particularly the water, which we unfortunately pay. What can we do as landlords to prove and stop illegal occupations? Landlord attorney James McKinley replies: Most rental agreements provide that the premises are to be occupied by the tenants named on the lease, and no one else, and that there is no right to sublet the premises. In a case where tenants named on the lease move in their extended family, a landlord has the right to serve a three-day notice to perform covenant or quit. This notice would specify the p...