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Re: Unauthorized roommate, lease signing, SSI
on July 4, 2012 @05:56
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.
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