Last week we uploaded “10 rules on how to avoid fair housing claims based on familial status”.   This week, let’s look at how the rules might apply in the real world. Here are  4 questions - with answers posted on MHCO.ORG.  

INSTRUCTIONS: Each of the following questions has only one correct answer. 

Unauthorized Pet and Use of Correct Form

Question.What form would someone use for unauthorized pet. Form 43 (continuing violations) says “not to use for pet”. But Form 43A is for distinct violations, i.e. one-time incidents. Is bringing an unauthorized pet into the community considered distinct rather than on-going?
 

Complaints can arise from the way you advertise, show units, apply occupancy standards, and enforce community rules.

This week MHCO looks at fair housing problems that can arise when dealing with families with children. Fair housing law bans discrimination against families with children, but there’s more to it than that. You could get into fair housing trouble from the way that you advertise your property, show units, apply occupancy standards, and enforce community rules.

COVID-2019 is a new strain of coronavirus that emerged in central China at the end of 2019 and continues to spread around the globe. The COVID-2019 outbreak has been declared a pandemic by the World Health Organization (WHO) and is already having a major effect on international commerce. As the outbreak expands in the United States, commercial real estate owners and property managers should be well prepared to monitor and address concerns impacting the industry as a result of the virus.

Question:  We need clarification on 30- day notices.  Assuming courts are closed for longer than 2 weeks - this could become 2 months. What should a landlord do who has a tenant  problem that warrants issuance of a 30-day notice?  If the landlord gives a 30-day notice now, he/she has two possible choices: (a) Accept no rent for the second month the 30-day notice spans; or (b) or accept only a portion of the second month’s rent prorated through the last day of the “Deadline” (i.e. the last day in the Notice for the tenant to cure the default). Is there a way around this, so the landlord can collect the entire month’s rent for the second month?

Answer. Accepting rent for the period beyond the Deadline means that the tenant is entitled to occupy the space even after the failure to cure within the 30-day cure period. Yet the failure to cure is the event after which the landlord may file for eviction; the tenant has no legal right to remain on the space. Accepting rent for that period creates a waiver of the right to treat the failure to cure as a default upon which the eviction may be filed.

There are perhaps three ways to prevent that from happening, so that a landlord may receive rent for the entirety of the second month, notwithstanding the fact that it covers a period beyond the Deadline.

1. The preferred way in my opinion, is to extend the cure period in the notice. When it is issued, extend the 30-day cure period so that it goes through the 30thor 31stday (as applicable) of the second month.

EXAMPLE:If a 30-day notice is mailed on March 19, normally, the time to cure would end 33 days hence, i.e. starting with March 20 being the first day, and ending at midnight April 21stas the end of the cure period. In that case, the landlord can either take no rentfor April or take rent proratedthrough the 21 days of April. 

But if the cure period in the notice is extended through April, and ends  at midnight (end of day) on April 30ththe L could accept rent for the entire month of April. If the tenant pays the rent for April andcures the violation by April 30, the problem has gone away.  

Of course, there still is a problem if the tenant does not cure and does not pay any rent, if the courts are still closed and no eviction (either for the failure to cure, or failure to pay after issuance of a 72-hour notice) can be filed.

2. Another alternative is to unilaterally extend (in writing) the cure period for another 30 or 31 days on condition rent was paid, to span the following month. Can a landlord do that? In my opinion yes – it does not reduce a tenant right, but expands it. Of course, a judge could see it differently.

3. Lastly, the landlord can try to enter into a written agreement with the tenant (after issuance of the 30-day notice) that acceptance of rent for the balance of the second month shall not be construed as a waiver. But what’s in it for the tenant?

The only time this seems feasible is where the tenant is cooperative about curing within the 30 days, and agrees in writing that if landlord accepts the full rent for the second month it will not constitute a waiver.

Detecting Elder Abuse in Your Park  

By Terry R. Dowdall, Esq.

■UPSHOT:

     –For every reported case of elder abuse, there are more than 24 undetected cases never reported (according to an East Coast study). 

     – Almost all victims are in a private residence behind closed doors. 

     – The number of 65+ people increases by 10,000 daily; 8,000 more retire each day.

     – Greedy predator care-givers in California cannot take from the deceased. The Care-giver is disqualified. Cannot be a beneficiary of the estate, even if named in the will of the deceased resident!

     Elder abusers.Who are they?Most frequently, family members(grown kids: chronically unemployed, unemployable, parolees, deeply indebted, thieves, grifters).  All need money, a bed, an address. These are their prime opportunities for taking over grandpa’s house, then neglecting, abusing, ignoring, abandoning, or stealing— all undetected, behind closed doors, away from any danger signs. Until it is too late.

Question: Which form do I use to recover unpaid late fees after issuing a 72-hour notice for non-payment of rent?  Form 43 is for continuing violations. 

Question:  I have a resident who was given permission to build a permanent carport.  Most all of the carports in my park are free standing and permanent which is my preference. However, he constructed the permanent carport by boring holes in the ground and filling them with concrete and inserting metal mounts to which he fastened 4x4 uprights for the carport.  Building it this way, in my opinion, made it part of the real property.  I was there when construction started but was absent when it was completed. 

What now complicates matters is that he recently decided to sell the manufactured home, including the carport.  This would not have been an issue had the buyer is now planned on moving the home.  I believe that since the carport is now permanently affixed to the ground, it cannot be sold as personal property along with the home.  He also attached the carport to the manufactured home which may complicate things, as well.  What are my rights here?

Question:Our park is having plumbing issues. One resident says a sewage pipe may be collapsing that is obstructing sewage flow. Another resident complains that their tap water is discolored, and says they have to install an expensive filtration system.

My question is “Where is the line between resident responsibility and landlord responsibility for park systems – from well water, public water, septic, public sewer, and electrical systems, etc.”?