Tenant Wants New Tenant Acknowledgment Showing Only Husband`s name

[Nir]

Hi all,

One of my tenants wants me to send her a new tenant acknowledgement showing only her husband/boyfriend`s name on the form.

Perhaps they are doing it for tax purposes or another reason. since he is really living there I have no issue doing that for them. Thoughts?

Should I agree to show only his name if she has any issue with me still showing both names in the new form?

Clarification: they have been living there as a couple before, he is not a new tenant. however, in the previous tenant acknowledgment his wife was shown as "responsible for paying the rent" and both names shown as tenants. Also, as I "inherited" them, they haven`t signed a lease yet, just tenant acknowledgment. they`re good tenants.

Thanks,
Neil

 

[ChrisDavies]

QUOTE (investmart @ Oct 29 2009, 08:10 PM) Hi all,

One of my tenants wants me to send her a new tenant acknowledgement showing only her husband/boyfriend`s name on the form.

Perhaps they are doing it for tax purposes or another reason. since he is really living there I have no issue doing that for them. Thoughts?

Should I agree to show only his name if she has any issue with me still showing both names in the new form?

Clarification: they have been living there as a couple before, he is not a new tenant. however, in the previous tenant acknowledgment his wife was shown as "responsible for paying the rent" and both names shown as tenants. Also, as I "inherited" them, they haven`t signed a lease yet, just tenant acknowledgment. they`re good tenants.

Thanks,
Neil

As long as you also have some piece of paper naming everyone who is residing in the suite. If they only want the primary earner on the lease, that`s usually ok with me (although it`s sometimes a small red-flag). Also, if you`re taking his name off, make sure you get his OK for it, and not just hers.

 

[invst4profit]

This being Ontario and the RTA being what it is it is imperative that all tenants be included on the lease or you will have next to no recourse in the event the situation goes sideways.
The only reason I can see for there request is to remove her name from the lease to exempt her from any legal responsibility. Since in the past she paid the rent I would consider this very suspicious.

Do not agree to her request.

If she is not on the lease and they stop paying you will not be able to go after her for compensation. If he moves out she in effect does not exist if not on the lease and you will have a great deal of difficulty in evicting her if it becomes necessary.
In Ontario it is extremely risky for a LL to not have all tenants on a lease.

 

[ChrisDavies]

I didn`t realize you`re in Ontario, so I defer to Greg`s opinion. The rules out east are a little scary.

 

[tbarcier]

Red flag!

 

[jwilbrin]

QUOTE (tbarcier @ Oct 30 2009, 07:50 AM) Red flag!


Exactly! HUGE red flag.

Every tenant should be on the lease with full name.

If there are any damages that you ever need to claim for, either physical damages to the unit or loss of rent, you will have to have all tenants full names on the lease otherwise you have no recourse.

The only person you will be able to go after is the female with the full name on the lease.

Just remember, this is a business. You`d never sign a contract with anyone if they did not have their full name on it would you?

As nice as they may be, you really need to protect yourself and your business.

 

[ShannonMurree]

My first question would be "WHY"? I wouldn`t assume the reasons. I wouldn`t agree to any alterations of the Lease Agreement, if it were me.

Definitely, as a couple, I would continue to make both of them responsible. It`s not your issue if tax implications but would be your issue if they stopped paying!

 

[Nir]

Thank you everyone for the feedback!