Son Released from Prison

I have told a tenant that her son is not permitted on the property. This guy has been a huge problem for years with the former owners as well. She wants a letter in writing asking why he’s not allowed to live in her home. Any idea of the best way to handle this? I could go the “safety concerns” route given multiple felony convictions but any help is much appreciated.

Disclaimer: You may have to check your local laws and a lawyer.

I own parks and Indiana and would not give her anything in writing. You don’t owe her son an explanation. I would keep it verbal, and if she decides to ignore you, give her a non renewal of lease, which requires no reason.

I have been in front of Judges after giving a lease non renewal, in which the tenant says " I dont even know why I am being evicted" and the Judge looked at the lady and said, “Maam, the reason is irrelevant, this landlord wants his property back and he gave you proper notice, you have 10 days to vacate” That’s easy to do in Indiana anyways. There is no reason to give her anything in writing except a non renewal of lease notice if needed. He is not on the lease and its your property, period.

It sounds like she is trying to set you up, I would get rid of her regardless.

Thanks. Wouldn’t want to do anything that might seem retaliatory so just going to let it go for now until it becomes an issue.

This should be in the lease – “No unauthorized occupants blah blah blah.” That is your written statement why he’s not allowed to live in her home.

Is he on the lease? No. Can’t live there.

Can he get on the lease? No. Can’t pass our (routine?) background check. Plus he is already on our “do not allow on property list.”

Can you put that in writing? Sure. “Your son, [name] is not allowed on property because he is not a resident with a signed lease nor is he eligible for residency [due to felony conviction if that is documented rule or due to documented complaints about him / his behavior or “has been a huge problem for years” according to the prior landlord].”

You can ask the police for a no-trespassing order and you can have him arrested if he comes on property, if you are there, or if your manager is diligent about seeking this behavior out. You are the landlord, you set the rules. You do not have to hide, you just have to tell it like it is. “NOT ALLOWED.” And then enforce it.

Brandon@Sandell

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P.S. You need to know YOUR STATE’S LAWS.

Incredibly helpful, much appreciated.

All adults have to be on the lease and all people on lease must pass background check.

Take a trip to your local police station and inquire abut issuing a “No Trespass” order
on the son. This is the easiest route to follow and will allow you to simply call the police and have him arrested if he sets foot on the property. This will resolve your issues with both the mother and the son turning the problem over to the authorities.

If your state laws allow this it will trump all landlord tenant regulations and avoid you having to serve the mother with eviction. She will have no grounds to fight.