The Trainer — October 2012
AVOIDING MISTAKES WHEN EVICTING RESIDENTS; DEALING WITH A "METH" LAB ON SITE
In this month’s feature, we discussed how to avoid common mistakes that jeopardize your right to evict a resident. Whatever your grounds for eviction, you must follow certain steps to ensure the eviction process goes smoothly, or you may lose your ability to evict the resident.
In our article on what to do if you find a “meth” lab at your site, we explained how to spot the signs of methamphetamine use and production. And, when you suspect there’s a meth lab operating in a unit, we explained what steps to take to remove the resident, reduce the health and safety risks to other residents, and make the unit safe for future residents.
TRAINER'S QUIZ
INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
If you accept rent from a resident after you’ve sent him a termination notice, you may waive your right to evict the resident. True or false?
a. True.
b. False.
QUESTION #2
Once you’ve sent a resident a termination notice, you can start the eviction case at any time. True or false?
a. True.
b. False.
QUESTION #3
Once you’ve sent the resident a termination notice, the resident has 15 days to discuss or challenge the eviction with you in person. True or false?
a. True.
b. False.
QUESTION #4
A proper termination notice must contain which of the following:
a. The lease provisions the resident has violated.
b. A detailed explanation of why you’re evicting the resident.
c. The termination date.
d. All of the above.
QUESTION #5
Signs that a resident may be using methamphetamine include which of the following?
a. Erratic behavior.
b. Bad teeth.
c. Skin scratching and open sores.
d. All of the above.
QUESTION #6
Which of the following items is not commonly used to produce methamphetamine?
a. Cold medicine.
b. Bleach.
c. Home pregnancy tests.
d. Kitty litter.
e. Antifreeze.
QUESTION #7
Special training is required to clean a unit that housed a meth lab. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: a
True. By accepting a rent payment at this point, the resident may think you’ve forgiven the lease violation and are letting him stay at your site. If you pursue an eviction, the resident may ask a court to throw out the case—and the court may do so.
QUESTION #2
Correct answer: b
False. You may not start an eviction case until after the move-out date stated in the termination notice. But if the resident hasn’t moved out by that date, then you should start the eviction case as soon as possible. Waiting too long after the termination date may jeopardize your right to evict him.
QUESTION #3
Correct answer: b
False. The resident has 10 days in which to discuss the eviction with you in person. Note that the termination notice must inform the resident that he has this right, or your eviction case won’t stand up in court.
QUESTION #4
Correct answer: d
In addition to citing the lease provisions that the resident has violated, you must give the resident detailed information so he can know the nature and extent of the evidence against him and prepare an adequate defense in court. For example, list specific instances of the alleged misconduct including dates, times, and locations, if possible.
QUESTION #5
Correct answer: d
Because of their erratic behavior and the toxic nature of the materials they use or work with, meth users and producers may be dangerous, so you should never confront someone you suspect of using or producing methamphetamine—notify the police of your suspicions immediately.
QUESTION #6
Correct answer: c
You should suspect that a resident may be producing meth in his unit if you spot large quantities of empty containers of any of these products—except home pregnancy tests—in the trash.
QUESTION #7
Correct answer: a
True. Law enforcement authorities will send a HAZMAT team to do the initial cleanup after they’ve confirmed that a meth lab was operating in the unit. When they’re done, you should contact a cleaning contractor that’s EPA-certified to dispose of remaining hazardous material residue and make the unit safe for future residents.