Legal Question in Real Estate Law in California
r.v. tenant won't vacate space for tree removal!
My mom manages a mobilehome park. She has this elderly tenant that won't vacate his r.v. space to allow for removal of root damaging tree. She has offered him another space within the park to move r.v. to, but says his ''Health Adviser'' says it's ''not a good idea''. She has asked him and he refuses. The man is not in such poor health that he can't drive the r.v. to the other side of the park! The work needs to be done on the tree as well as sewer line before damage is done. The property owners have more right than that don't they? What can be done? Please help... thanks in advance.
1 Answer from Attorneys
Re: r.v. tenant won't vacate space for tree removal!
Under the federal Fair Housing Act, an owner must make "reasonable accommodations" in policies when "necessary" to allow a disabled ("handicapped") person to live and enjoy the residence on the same terms as people who are not disabled. If you are uncertain about the existence of a disability or the need for or reasonableness of a proposed accommodation, you may request documentation or initiate a dialogue.
Here you could ask the tenant for documentation of his disability and his need not to move the r.v. If the tenant provides this, you probably should have an attorney familiar with fair housing law evaluate it. If not, you can talk to him and ask for an explanation of his refusal.
You must investigate before taking action. If he refuses to comply, you can take send a 3-day notice if this violates the lease agreement, or a 30-day notice if applicable. Your duty to make an accommodation does not end when you send an eviction notice or even while the eviction is in court. If he later provides information, you must consider it.
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