Re: Unauthorized roommate, lease signing, SSI

Re: Unauthorized roommate, lease signing, SSI by MrDan (Georgia) on July 3, 2012 @17:29

"They revealed to me in writing that one of their sisters has been living in the apartment since 12/2011. Now they want to add her to the lease. (I know, it sounds crazy that I would not know this, but both sisters are disabled"

The letter is a request for accomendation under the Fair Housing Act, that's why it was revealed in writing to you.
You will have to beaware that an additional tenant will be looked at favorly under the law, but you can and should increase the rent to accomendate the increased cost of adding an additional tenant since you pay the utilities.
Turning down their request to add the sister could have a complaint lodged against you. Do you have an attorney that you can get advise from?

Changing the rent due date can be easily accomplished by you in writing. If you can reach an agreement by adding the sister, with an increase in rent, that might be the way to go for now.

As to the noise and complaints, just address this with a cure notice.

[ Reply ] [ Return to forum ]

Re: Unauthorized roommate, lease signing, SSI by Bryan (Ia) on July 3, 2012 @17:40	[ Reply ]

Accommodations need only be granted for legal occupants. Accommodation requests must be reasonable and not place an undue burden upon the normal procedures of the LL. The request might be considered a request for an accommodation, but is not phrased as such and therefore is not. The T obviously knew this was not allowed or the presence of the extra would not have been previously hidden. The request for the accommodation must precede the act not follow it.

Re: Unauthorized roommate, lease signing, SSI by Tabi (West Virginia) on July 3, 2012 @17:49	[ Reply ]

Thanks for you comments regarding this. I was under the impression that I'm not required to make accommodations, since I only have two rental units and the building is owner occupied. Am I misunderstanding the law?

Re: Unauthorized roommate, lease signing, SSI by Bryan (Ia) on July 3, 2012 @19:16	[ Reply ]

I believe you are correct, you should fall under the Mrs. Murphy exemption.

Re: Unauthorized roommate, lease signing, SSI by MrDanGeorgia on July 3, 2012 @19:17	[ Reply ]

You are correct that you are owner occupied, but a complaint can still be filed against you. Your defense would be that you are covered under an exemption of law. WV also has its own FHA to watchout for. The FHA and WVFHA does not discriminate between a tenant who is authorized and one who is not. But the request has been made, and it's up to you to proceed with a workable plan for both yourself and tenants, or issue notice that the lease is not being renewed. That's why you should consult an attorney just to cover the bases as you wanted to do. Sometimes little simple things blow up real big, be prepared.

Re: Unauthorized roommate, lease signing, SSI by MrDan (Georgia) on July 3, 2012 @19:32	[ Reply ]

'Accommodations need only be granted for legal occupants' No a request for accommodation can be made by any occupant that resides at the rental. An accommondation can be made by the tenants sister, which is what has happened here. One sister asking for accommondation for other sister. 'Accommodation requests must be reasonable and not place an undue burden upon the normal procedures of the LL.' Asking to change the rent due date and asking to add sister to lease puts what burden upon the landlord? 'but is not phrased as such and therefore is not' A request for an accommondation can be in any form, written or verbal. The sister does not even have to use the word 'accommondation' 'The request for the accommodation must precede the act not follow it.' No, the accommondation can be requested at any time. The landlord has asked for any feedback or problems he might incur. Thats what was pointed out, just beware of the possibility of a complaint.

Re: Unauthorized roommate, lease signing, SSI by NY-LL on July 4, 2012 @05:56	[ Reply ]

While the landlord has not described the tenants� disabilities, the legal tenant�s disability has to be a �handicap� which is a physical or mental impairment that substantially limits one or more major life activities, such as the ability to work, walk, talk, see, or hear. FFHA 42 U.S.C. � 3602(h); and 29 C.F.R. � 1630.2(i) (The landlord has not described the premises being rented, as a one-two-three bedroom.) Tenants, regardless of their disability or special accommodation needs, are not allowed to violate the lease agreement. The tenancy can be terminated based upon the unauthorized tenant undisclosed to the landlord for the past six (6) months. The fact that the landlord has never issued a notice of violation for the rental violations would indicate that the tenants have not been a burden to the landlord for the past six (6) months since December 2011. If the landlord experienced a burden of �increased utilities, excessive noise, marijuana drug use, and unnecessary wear and tear on the premises,� the landlord should have issued a cure or quit notice at the time of occurrence, but did not do so. However, the landlord only knows for sure that the request for occupancy was recently made in June 2012. The landlord cannot be for certain that the new disabled tenant has occupied the premises since December 2011.