Unauthorized occupant in your rental? What a landlord can do

The short version

Read your lease first, then gather facts without entering the unit improperly. Talk to your tenant and follow up in writing. Your usual options are: screen the person and add them to the lease, agree to a short guest stay with an end date, or give a written lease-violation notice under your state’s rules. Apply the same policy to every tenant, keep records, and never use lockouts or other self-help. Rules vary by state and city, and only a court can order someone removed; a landlord cannot do it on their own.

Guest or occupant? Signs someone is living there

One sign on its own may mean nothing. A pattern is worth a conversation:

• The same person is there most nights, including when your tenant is away.
• Their car is parked overnight most days, or they use resident parking.
• Mail or packages arrive in their name at the unit.
• Rent payments come from them or from several different people.
• Neighbors or other tenants mention a new resident.
• Utility, water, or trash use jumps in a way that fits another person living there.

Step 1: Read what your lease actually says

• Who is listed: every adult tenant, and any named minor occupants.
• The guest clause: how long a guest can stay and whether you must be told.
• The occupancy limit, if any, and whether it is reasonable for the unit.
• Subletting and assignment: usually only with your written consent.
• Short-term rentals (for example, listing the unit on a vacation rental site): allowed or not.
• Entry notice: how much notice the lease says you give before entering.

Step 2: Document the facts lawfully

• Write down dates, what you saw, and who told you, using only what you can observe from outside or in common areas.
• Keep copies of rent payment records showing who paid.
• If you need to enter, give written notice under your state’s entry rules and your lease, and enter only for a lawful reason.
• Take dated photos during lawful entries if there is damage or a safety issue.
• Do not search personal belongings, read mail, or use cameras inside the unit.

Step 3: Talk to your tenant, then put it in writing

Start with a calm conversation. Many tenants simply did not know they had to ask. Then send a short written follow-up that covers:

• What you observed and the lease section it relates to.
• The options you will accept: apply to be added, a guest stay ending on a set date, or the person moves out.
• A reasonable deadline to respond.
• That you are applying the same policy you apply to every tenant.

Step 4: If they want to stay, screen and add them

• Have the person complete your normal rental application and screening consent.
• Use the same written criteria you use for every applicant (income, rental history, credit or substitute, and any other standards).
• If you deny the person based on a consumer report, send the adverse action notice the FCRA requires.
• If approved, add them with a lease addendum or a new lease signed by everyone, so each adult is responsible for the rent and the rules.
• Note any change in rent, deposit, or utilities in the signed document, if your lease and local law allow it.

Step 5: If the problem is not fixed

If the tenant does not respond or the person stays without approval, the next step is usually a written lease-violation notice that follows your state’s rules (often called a cure-or-quit or notice to comply). If that deadline passes, an eviction case in court is the legal path. Check your state’s court self-help pages or talk to a local attorney before filing. If the tenant has already moved out and only the occupant remains, do not remove them yourself; check your state’s rules, because a court process is often still required.

Subletting and short-term rentals

• Check whether your lease bans or limits subletting and short-term rentals.
• Check your city’s short-term rental rules; some require permits or ban them for rentals.
• Check your insurance policy: unapproved short-term guests can raise coverage questions.
• If you allow a sublet, screen the subtenant and get the arrangement in writing, including who is responsible for rent and damage.

Fair housing: keep your policy the same for everyone

Your occupancy and guest rules must be applied the same way to every tenant. Federal law (42 U.S.C. 3604) bars discrimination in rental housing because of race, color, religion, sex, national origin, familial status, or disability, and many states and cities add more protected classes. A new baby, an adopted child, or a child joining the household through custody is a familial status matter, so be very careful before treating that as a lease violation. Occupancy limits should be reasonable for the size and layout of the unit; HUD has published guidance on how it reviews occupancy standards. A person who provides needed care to a tenant with a disability may be a reasonable accommodation request rather than an unauthorized occupant.

Mistakes to avoid

• Changing the locks, removing belongings, or shutting off utilities to force someone out.
• Entering without the notice your state and lease require.
• Ignoring the situation for months, then trying to enforce the lease all at once.
• Taking rent directly from the occupant before you check your state’s rules.
• Enforcing a guest limit against one tenant but not others.
• Letting an added adult move in without screening or a signed addendum.

Optional paid guides

The free checklist above is enough to get started. If you want worked examples and templates:

• Eviction Notice Guide ($19) — notice types compared, including cure-or-quit for an extra occupant, service tips, state research checklist
• Tenant Screening Playbook ($15) — written criteria and documented decisions for screening an added adult

Related free checklists

• Residential lease agreement checklist — occupants, guests, and subletting clauses
• Tenant screening checklist
• Rental application form checklist
• Eviction notice guide — notice types, including cure-or-quit, and the court steps
• Tenant wants to break the lease
• Renting out a room in your house

Official places to check the rules

• 42 U.S.C. 3604: discrimination in housing (Cornell LII)
• HUD: Fair Housing Enforcement, Occupancy Standards Statement of Policy — Federal Register, Dec. 18, 1998
• HUD Office of Fair Housing and Equal Opportunity
• CFPB: what is a tenant screening report?
• USA.gov: find your state attorney general — many publish landlord-tenant guides
• USA.gov: federal, state, and local courts — find your state court’s self-help pages
• USA.gov: find legal aid