How do I handle unauthorized occupants?
Quick answer
An unauthorized occupant is someone living in your rental who is not named on the lease. First confirm they actually live there rather than just visiting. Review your lease terms, quietly document what you observe, then send written notice. Usually the fix is adding them as a screened, approved tenant or requiring them to move out.
Confirm it is really an unauthorized occupant
Not every extra face is a lease violation. A visiting relative, an overnight guest, or a partner staying a few nights is normal. An unauthorized occupant is someone who has effectively moved in and treats the unit as their home.
Look for signs of residency: their mail arrives there, a second car is always parked out front, their belongings fill the closets, or neighbors mention them living there. Most leases include a guest clause that limits how long a visitor can stay before they count as an occupant. Read yours before you assume a breach.
Document what you see before you act
Build a quiet record first. Note dates, times, and what you observed on each visit or maintenance call. Keep any messages where the tenant mentions a roommate, partner, or family member moving in.
- Save written communications instead of relying on phone calls.
- Photograph only common or exterior areas you can lawfully view.
- Log parking, mail, and utility clues that point to residency.
Solid documentation protects you if the matter ever reaches a hearing. It also keeps the conversation factual instead of your word against theirs.
Give the tenant a clear path to comply
Most unauthorized occupant situations resolve without conflict. Send a written notice that references the specific lease clause and states what you need. Usually you offer two options: apply to add the person as an approved tenant, or have them move out by a reasonable date.
If the occupant wants to stay, screen them like any applicant. Run background, credit, and eviction history, verify income, then add them with a signed lease amendment. That turns a quiet liability into a documented, rent-responsible resident.
Know the rules before you escalate
Notice periods, cure rights, and what legally counts as a violation vary by state and sometimes by city. Never treat a deadline or eviction step you read online as fact for your property. Confirm the process for your area, and for anything contested, talk to a local attorney.
Check the state guides at /laws/ to see how your state treats occupancy and cure notices. Follow the written process exactly, because a single skipped step can reset the whole timeline.
How Rentari helps
Rentari keeps the paper trail that makes these cases winnable. Every tenant message sits in one timestamped thread through Messaging and Renewals, so a casual admission that someone moved in is saved automatically. When you decide to add the occupant, AI Tenant Screening runs background, credit, and eviction checks so you are not putting an unknown adult on your property blind.
Once they qualify, draft and countersign the lease amendment with E-Sign and Leases, which keeps a court-ready audit trail of who signed and when. If you would rather not chase paperwork, the AI Property Operator prepares the notice and amendment, then waits for your approval before anything goes out.
Related questions
Is a long-term guest the same as an unauthorized occupant?
Can I just evict a tenant over an unauthorized occupant?
Should I add the extra person to the lease?
This article is general information for landlords, not legal, tax, or financial advice. Rules vary by state and city; verify specifics with the official statute or a licensed professional. See our state law guides.