13 Jun Problem Tenants: Which Option is Best? Eviction or Injunction?
There may not be an easy answer to the question. It may all get down to the circumstances involved and the past history of the tenant. If the resident is often unruly and out of control, and unlikely to properly respond and follow the rules, an eviction may be your best choice. This is serious, and can involve a lock out by the sheriff’s department, so it is not an action to be taken lightly. However, if you have an ongoing problem with a resident not walking her dog with a leash, for example, the injunction route can be a far more expeditious and cost-effective way of getting the tenant to comply by putting the dog on a leash.
Enforcing park rules with an injunction may seem tough, but can be a way to make tenants behave and comply with the mobile home park’s rules and regulations. As mobile home park owners know, it is extremely important to stay on top of current mobile home landlord tenant law. It may seem an overreach to use an injunction for rule violations which may appear to be minor, but small infractions can lead to major complications. The goal is to run a peaceful and harmonious community.
Failure to enforce park rules and regulations may lead people to think they can “get away” with breaking the rules. If there is a perception that some people are favored, and others not treated the same, chaos can quickly erupt. Ignoring rules can eventually result in health and safety concerns. Proper rule enforcement can help to avoid lawsuits. The key to enforcement becomes how to enforce the rules.
Proper procedures and management policies and training can go a long way to avoiding the choice between injunction or eviction. The first step should be a written notice of the infraction. If that doesn’t work, some owners send second and third notices, to document the lack of cooperation, and often the second or third notice will result in compliance.
Mobile home landlord tenant law is regulated in the state of California by the MRL, of Mobilehome Residency Law. As a mobile home park owner, you need to make sure that your rules and regulations are in compliance with the law. A qualified Lawyer for Landlord Issues can assist you with enforcement of your policies, training and setting up procedures, and then deciding the best course of action. If you are deciding between injunction or eviction, you need experience on your side. At Lawyers for Landlords, we have a Lawyer for Landlord Issues who is experienced and ready to assist you in managing your park successfully. Contact the team at Lawyers for Landlords today to discuss your legal needs regarding mobile home park ownership and management. We have decades of experience to assist you in running your park in the best way possible, avoiding complications down the road.