Phil Querin Q&A: Violations Continue Under 30-Day Notice

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February 14, 2018
Phil Querin
MHCO Legal Counsel
Querin Law

 

Question:        A landlord served a resident a 30 day notice (MHCO Form 43) for driving their motorcycle through the park and creating a lot of noise that disturbed the other residents.  The landlord served the resident (who was driving the motorcycle) with a 30 notice for violation of the rules.  Now that same resident is driving even louder through the park to spite the landlord.  What can the landlord do?  Can he evict sooner, since the same violation has occurred before the 30 notice expired?  How do you handle a violation within this 30 day period?  I understand that after 30 days you can give a 20 day notice (MHCO Form 44) that is non curable if substantially the same violation occurs again within 6 months. 

 

 

Answer:        In theory, you should be able to give a 20-day non-curable notice within the 30 days if the same violation occurs.  This is because the law provides that the 20-day notice may be issued if substantially the same violation occurs within six months of the date of issuance of the 30-day notice.  A few years ago, the law measured the six month period from the end of the 30-day period.  However, the law was changed a few years ago, and it would  seem that now  you should not  have to  wait until  expiration of the  30-day period   before issuing a  20-day notice.  Otherwise, after the first 30-day notice, the tenant could speed through the park with impunity for the entire 30 days and the landlord could do nothing until the violation occurred again.  This result makes no sense.  However, there is a related situation which gives a different result:  What if the violation was not an “act” such as speeding, but a “failure to act,” such as not maintaining the yard?  In that case, if the tenant failed to clean up the yard within the 30-day period, the landlord would be entitled to file for eviction immediately after expiration of the 30 days and would not have to issue a 20-day notice.

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