MHCO Columns

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

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Phil Querin

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.