The Cross Law Firm's Landlord Law Blog

November 17, 2010

The Security Deposit

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This is part 10 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

The security deposit retention is very different between a owner-occupied tenancy and a community-owned rental. In an owner-occupied tenancy, the management must give back the full deposit when requested by a homeowner who has timely paid the rent for 12 consecutive months.

In a community-owned rental, the security deposit typically need not be returned until the tenant vacates the premises; however, there are several additional protections given to tenants of community-owned rentals. For example, within a reasonable time after notification by either party of the termination of the tenancy, the community owner is required to provide the resident with a written notice that the resident has the right to do an inspection of the premises with the landlord to notify the resident prior to move-out of the deficiencies in the premises caused by the resident. The landlord must provide the resident with an itemized list of potential deductions from the security deposit and give resident an opportunity to cure these deficiencies prior to move-out.

The security deposit must be returned within three weeks of the tenant vacating the premises or damages may incur against the landlord. The landlord must:

  1. Deliver to the resident by mail an itemized statement, including expense receipts, of the amount and basis for retaining the security deposit
  2. Return any unused portion of the security to the resident.

* For specific inquiries regarding a security deposit or other legal matter that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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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.


March 17, 2010

Threatening and Violent Residents: Keeping the Workplace Safe from Violence (Part 1)

When a current client approached me about a violent resident in a mobilehome community a few days ago, I thought an appropriate topic to address in a blog series would be resident threats or abusive behavior towards management and other mobilehome community employees. Unfortunately this is far too common of an occurrence in our industry. With the employer having a legal requirement to provide a safe working environment for employees and the increasing liability for failing to protect employees from known or foreseeable dangers, community owners as employers cannot take any threat of violence or aggressive behavior by a resident towards an employee lightly.

This blog series is intended to assist owners of mobilehome communities in minimizing threatening situations towards employees as well as providing options to handle a threatening or abusive resident. The majority of this blog is applicable to all owners or managers of residential properties, but please keep in mind there may be some differences in the notice requirements and rule provisions between general landlord-tenant law and those that govern mobilehome tenancies.

Also keep in mind as you read this blog that every situation has a unique set of facts and which measures, if any, are appropriate, depends on the severity of the threat and the particular facts of that situation. Please consult your legal counsel with the facts of your particular situation to determine which of these options, if any, are appropriate. With that said, I will be posting weekly suggestions on ways to minimize threatening situations before they occur.

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

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