MHCO Legal Counsel

Question No. 1. We are currently in the process of submetering our community and we have been asked a question by the residents that we run into frequently. This scenario refers to the first month of billing, i.e. January 2017: Tenants ask "If we are being billed for utility usage from November 15 -- December 15 and then we pay for usage on our January rent invoice, haven't we already paid for these services in our December rent, i.e. before the effective date of the submetering? If so, it appears that we are paying for it twice.

Question. What is the difference between a "Maintenance/Clean-Up Notice" (MHCO Form 47) and the other two termination notices (MHCO Form 43 -- "30 Day Notice For Cause Eviction" and MHCO 55 "30 Day Notice to Terminate and Remove Home")? I get confused on which one to use and when. Why do we need difference forms for these violations?

Question. We have a 55 and older Park with 164 homes. The residents own their homes but lease the land. We have an individual that is growing marijuana in her back yard. She says she has a medical card which makes it legal to grow and also has a handicap which makes it perfectly lawful. The neighbors are complaining about the smell. We have nothing in our Lease, Rules & Regulations or Statement of Policy that say residents are not allowed to grow. This is the first time I have come across this and I want to make sure to get it right as whatever the decision is will set a precedent.

Question.  What is the difference between the enforceability of our rules vs our rental agreement? What if they conflict?

Question. We have a resale compliance form that we give to residents planning to sell their home on site. We recently had a resident tell us we could not dictate what they had to do in order to prepare their home for resale. Is that correct?

Question. A resident living alone is in a coma in the hospital. Family and friends have arrived and insist in staying at the resident's home. What should the manager do? How does the manager even know if these people should be allowed in the house? What are the park's rights and what notice would you use to resolve the issue?

Question. Our manager gave a 30-day notice to a resident for continued bad behavior (e.g. disturbing the peaceful enjoyment of other residents). After the 30-day notice was served the bad behavior continued. Does the manager have to wait the full 30 days before going to court and filing the eviction?

Question. One of our residents is in the hospital after a stroke. Her sister arrived from California at the park and is staying at the stricken resident's house. The sister has a 5-year old daughter. The park is a 55+ community. The resident is completely incapacitated. Some residents are upset that a 5-year old is staying in the community. What is management's responsibility regarding the sister and daughter's access to our resident's house? A temporary occupant agreement requires the signature of the resident, who, in this case, is not available. And the landlord is not even sure if the sister has permission from the resident. Finally, what about the 5 year old? What should be the landlord's course of action?

Question: What are a landlord's rights against a lender holding a lien on the tenant's home following the tenant's abandonment? We have a lender who signed the storage agreement, but has failed to maintain the space. What notice should the landlord give? Do we have to start the abandonment notification all over again?

Question. I am always concerned about what my rights are as a manager when I go upon a resident's space. Can you clarify for me?