The Cross Law Firm's Landlord Law Blog

May 5, 2010

Serve a Notice for Rule Violation

This is part 7 of my blog series about dealing with threatening and violent residents.  Again, this blog series is targeted at owners of mobilehome parks (“communities”) which are subject to the Mobilehome Residency Law (Civil Code Section 798.1 et seq.) The notice requirements will differ for apartment owners and property management companies that manage apartments or other non-mobilehome/manufactured housing residential units.  The notices provided to dangerous tenants in apartment/rental units  are typically a 3 day notice to cure or quit or a 3 day notice to quit, instead of  a 7 day notice for a rule violation that is required under the Mobilehome Residency Law.

Image of 7-Day Notice being crumpledUpon an incident of a resident’s behavior becoming abusive or threatening, have your attorney send a 7-day notice to the resident notifying them that the behavior toward the management will not be tolerated and it constitutes a substantial annoyance and is a violation of the rules and regulations. Cite the specific rule prohibiting abusive, threatening behavior toward the employee in the 7-day notice. Again be specific in the notice as to exactly what was said by the resident, what actions were displayed, dates and witnesses.

Service of a 7-day notice for rule violation not only protects the threatened employee and sets up the resident’s file for an eviction, but it also protects the owner who is now taking reasonable steps to address a potentially dangerous situation.

* For specific inquiries regarding a threatening/violent tenant you may have, you’re welcome to visit my California Landlord – Tenant legal services page.

Advertisements

March 24, 2010

Zero Tolerance Policy: For Threatening/Harassing Behavior

This is the 2nd part of my blog series about dealing with threatening and violent residents.

Threatening TenantMost mobilehome communities already have a conduct or behavior provision in their rules and regulations prohibiting certain behavior by residents, including substantially annoying behavior, which is specifically addressed in the Mobilehome Residency Law.  This conduct rule typically does not specifically address harassing, abusive, threatening behavior towards community management or employees. I recommend placing a separate provision in your rules and regulations in addition to the more general “conduct” rule. This provision should state that any type of harassing, abusive, threatening or violent behavior towards management or other employees is prohibited, the community has a zero tolerance policy for violence against its employees and this type of behavior constitutes a substantial annoyance. This more specific provision in the rules is helpful if the community decides to serve the abusive resident with a notice for a rule violation or if/when the community terminates the resident’s tenancy based upon this behavior.

* For specific inquiries regarding a threatening/violent tenant you may have, you’re welcome to visit my California Landlord – Tenant legal services page.


Create a free website or blog at WordPress.com.

%d bloggers like this: