Question: We had a resident that we entered into a stipulated judgment agreement with on March 6, 2020. This was prior to tenants having the ability to claim financial hardship or having the Moratorium in place. They paid 2 payments but stopped paying the terms of the agreement as well as not paying their current rent payments. Are they protected under the financial hardship provisions of the Moratorium? Are we required to send them the Declaration of Financial Hardship? Can we file an Affidavit of Non-compliance due to the resident not complying with the stipulated agreement?
Question: In reviewing MHCO Form 42, the new 10-day notice, which replaces the old 72-hour notice, we’re told not to use it without consulting an attorney to determine if the Moratorium is still in effect. Isn’t it still in effect until 7/1/2021?
Editor's Note: The revised Form 42 notice and Forms 110 and 111 are ATTACHED to Phil's article under "Community Updates". The forms are not uploaded under "Forms".
Question: Going into 2021, what is the applicable rent cap and when does it start. Does the new amount start this month (October 2020) or is it effective January 2021? Finally, is the effective date of the rent increase amount based on when the rent increase notice is sent or when it becomes effective?
A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage. This tree was neither planted by the current tenant, nor the community.[1]
Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?
Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?
Question No. 3. Does maintaining a tree include tree removal?
Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?
Question: A resident in our community has ants in her home. She says they are coming from the ground around the home and has had an exterminator out who confirms that the infestation is coming from the ground. The resident demands that we pay for the exterminator and that the infestation be controlled at the expense of management. WE do not believe it is our responsibility. What are your thoughts?
Question.Landlord has given resident notification of expiration of lease term, but tenant has not responded. What does landlord do when there is no response from resident? Should she still accept rent, which would turn it into a month-to-month tenancy? What is the best strategy?
Question. I have a tenant requesting a reasonable accommodation for a ramp. On the MHCO From 15 (Reasonable Accommodation Request), is says the tenant is responsible for the costs and removal for a modification unless required by law. Is it required by the law to install a ramp? This would mean the Park would pay for it, or is it not a law and a tenant would have to pay the costs to get one installed? We own the unit and space. It is a mobile home rental.
You just found out that a resident tested positive for COVID-19. You can’t get into fair housing trouble if you notify all the residents on her floor about it so they can take extra precautions to avoid exposure. True or false?
