21 Replies Latest reply: Jun 28, 2018 9:16 PM by lindata RSS

    Over Occupancy problem with Repeat renter question

    familyfirst Contributor

      Okay, my neighbor and me were just complaining that repeats of both of ours-different groups are trying to bring extra people beyond the occupancy limit and both groups are set to arrive in the next couple of months.


      Does anyone have any language that you can share that worked without all the drama? We both have it in our contract with regards to the #, we are both getting push back because they are past renters-it's funny we are having the same problem. I have personally had this issue but not with repeats.

      Thank you.

        • Re: Over Occupancy problem with Repeat renter question
          feibus Senior Contributor

          Your home, your rules (or fire marshall rules).  If you want to blame it on the fire marshall, do that.


          Just because they're repeaters doesn't mean they get to abuse your hospitality.  Repeaters are nice, but great guests are better.  And great guests don't try to abuse their host's rules.

          • Re: Over Occupancy problem with Repeat renter question
            vrdoctor Senior Contributor

            You need to have an additional guest fee that is much higher for anyone who is not listed on your rental agreement.  Have the guest give you the names of everyone staying and enter them on your rental agreement yourself, don't let them edit and don't just have a number of adults and children.  It is more work but it has absolutely stoped guests from trying to sneak in additional people in our cabin.


            Additional guests over four are $10 per person per night.  Maximum occupancy is limited to eight (8) persons overnight; and eight (8) persons during the day.  Any overnight guest not listed on the rental agreement will result in a charge of $50 per person, per night.  Any day visitors over the maximum daytime occupancy limit of eight (8) will result in a charge of $50 per person, per day.

              • Re: Over Occupancy problem with Repeat renter question
                planthealth Active Contributor

                That is basically what my agreement states and because no one reads anything like renting a car, I have some lines at the end with short phrases that they have to initial;

                additional guest fee $25

                something like that. Not that I am anywhere around to enforce, but I think it has SOME deterrent value.

                • Re: Over Occupancy problem with Repeat renter question
                  lindata Active Contributor

                  You must have given this advice before (the $50 part), because I use it now, and it is fabulous!


                  We allow 8 guests, so I have 8 lines right on the rental agreement that they have to input the names of all guests.  Before I started doing this, they would always bring one or two extras that I didn't know about.  With them listing the names, it's funny how many times they put one or two extra on there (which is fine as long as it's 8 or less people!)  Something about physically writing down the names makes people honest!

                • Re: Over Occupancy problem with Repeat renter question
                  ashevillelookout Senior Contributor

                  Are you required to be licensed or registered locally? My local registration is for a specific number of persons, so I can say to my guests, "I am licensed for X persons".  Likewise, the County Occupancy regulations are for X numbers of persons per bedroom.  So I can tell my guests, "The municipality restricts me to X persons". This doesn't mean that they listen.  I have asked my attorney if I could include language in my RA that states that loss of my license or receipt of a citation would result in the offending guest being required to pay restitution.  If I can have such a clause, I will gladly share.


                  My RA currently states that exceeding the occupancy listed on the paperwork is grounds for immediate eviction without refund.  I have found this to be more effective than showing a "penalty rate" that will be charged for extra guests.  I tried charging for extra guests in the past and had more abuse of my occupancy limits as people were willing to pay for their extra guests rather than comply with my occupancy rules. Professional accommodations (hotels) don't put up with occupancy violations, so neither should we.

                    • Re: Over Occupancy problem with Repeat renter question
                      familyfirst Contributor

                      Thank you, yes and what is funny is that my person has told me several different stories and none make sense! First, she was paying for everything, then the other families were chipping in, etc. I sent her a bill yesterday for $2000 for the extra people....I will never rent from these people again. They were great renters before. Funny story-she asked me after the first time she came to NOT to have to pay the damage deposit-I got great advice here NEVER to do that for anyone because repeats many times will damage, they take advantage. So I said no. This forum is fantastic.

                      • Re: Over Occupancy problem with Repeat renter question
                        oceangrover Contributor

                        I have same wording:  limit on number of overnight guests (8), limit on number of people on premises at any time (8); and grounds for immediate eviction if this is violated.


                        As a result, guests ask if they can have day visitors and, without my asking, they provide all the details on who and when.


                        Seems to work for our house.

                      • Re: Over Occupancy problem with Repeat renter question
                        calicalling Active Contributor

                        We are required by our Town to limit occupancy ... paying more for extra guests just won't cut it legally in my Town. Over-occupancy can result in revocation of my license. So here's what mine says:


                        * Due to Town of Mammoth occupancy rules, no unregistered guests permitted.


                        * Violation of any house rule, violation of law, or nuisance to community (including guests in excess of reserved number) may result in immediate termination of your reservation. Guests will be required to depart the premises immediately and no refund will be issued.

                        • Re: Over Occupancy problem with Repeat renter question
                          twomoreyears Senior Contributor

                          familyfirst - We charge for extra people, and we sometimes had guests trying to sneak in extra people.  But we haven't had a problem since I added this to the contract:  "There will be an additional charge of $200 US per person per night for any overnight guests in addition to the [Number of guests booked for]-person Rental Party unless agreed otherwise by Homeowner prior to Check-In date. We will deny lodging to any person that would exceed our maximum of six overnight guests. "


                          Our usual extra-person rate is $40 per night, so they have a big incentive to 'fess up before arrival.  We do have people there that can enforce the limitation, so this may not work for you if you don't have a PM or someone else nearby that can help out.


                          As to the comments on eviction - I look at contracts slightly differently than some people here.  I don't ever anticipate having to take someone to court over the contract - but the guests do not know that.  I use the contract as a way to screen off the ones that intend on violating the rules.  For instance, I tell them we have the right to evict them for smoking.  Maybe we don't legally have the right to evict them, but most people don't know if we do or don't, but it shows them we are serious about this. 

                          • Re: Over Occupancy problem with Repeat renter question
                            green_mango Active Contributor

                            I require the names of adults who will be staying and ages of children - there are only 6 spots for adults and 4 for kids - can't add anything over.  We don't have a $ penalty for additional guests - we say that the entire group risks reservation cancellation if there are additional guests.  Then, when I send the key code a couple days in advance I confirm (I have you listed for 4 adults, 4 kids and 0 dogs - please let me know if anything has changed).  With 1 exception, we haven't had anyone go over our max in 4 years.

                            • Re: Over Occupancy problem with Repeat renter question
                              planthealth Active Contributor

                              Ok, so my language did not deter, it instead revealed that my condo that clearly states on VRBO has a max occupancy of 4, and they are bringing 5. First they stated #5 is a baby, then we asked for the age of everyone so that our neighbor would be able to know who was staying there, admitted the baby was 5. So 2 adults, 9, 7 and 5 year old in our tiny 4 person condo.


                              My rental states $10/night per person. Check in is 2 weeks. If I say anything now, they will nit pick and be horrible guests is our fear. If I bill the security deposit at the end of the stay, then I risk a retaliatory review. Do I just let them get away with it?

                                • Re: Over Occupancy problem with Repeat renter question
                                  oceangrover Contributor

                                  I'm  not sure if I understand your dilema.


                                  Are you saying the guests aren't scheduled to check in for another two weeks?


                                  Are you saying you charge only $10 per person per night?  Or is the $10 for any extra guests?


                                  Why would you even consider a group that is in excess of your limits?  If they want to bring 5, then, if it were my place, I'd say it isn't a good fit for the guest, I'd refund their money and I'd look for someone else, asap.


                                  If you, indeed, have a fee to allow folks to bring extra guests (something I dont' understand...either you have a limit or you don't...but that's another discussioin), then impose the fee. If you are two weeks from check in, why can't you process the fee through a credit card?  Or have them overnight a personal check?.


                                  Also, I'm not sure taking the extra guest fee from the security deposit would be kosher.  Does your Rental Agreement say you will take the fee from the security deposit?  Also, if you were to take the fee from the Sec Dep, would there be enough left to give you the coverage you need from the Sec Dep?


                                  More questions than answers here, but if they haven't checked in yet, you have some options and some leverage.  Use that.  And be factual and upfront with the guest.  Don't take a fee from the Sec Dep without letting them know before they move in.  (You could even offer them a choice of ways to pay the fee:  CC, personal check,, or SecDep, if your RA allows it.)