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  1. #1
    Join Date
    Sep 2011
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    2

    Default Cease and Desist Notice

    My question involves an eviction in the state of: Washington

    Recently a friend of mine had gotten into a verbal dispute with his father. My friend was scheduled for a substance abuse treatment assessment on Monday and was having a rough time dealing with his emotions leading up to that day. He told his father he was going to grab a beer, the father got very emotional and after a argument called the police and asked for a officer to come down and speak with my friend in the hopes of discouraging him from drinking, he was desperate and figured a cop might be able to scare him out of it or give him some good advice I guess. My friend was very respectful to the police and explained the situation, he's not a alcoholic but has had severe depression for a long time and his father is confusing what's going on with drug abuse. The only person to call the police was his father, no neighbors complained or likely even payed much attention to the commotion if they could hear any thing. No criminal charges were filed and nobody was arrested.

    My friend lives in a mobile home community, where the manager is supposedly ex law enforcement, I believe he was a dispatcher. Two days after the argument happened my friend received a cease and desist notice which read the following:

    "THIS CEASE AND DESIST NOTICE is being served on you for the following reasons:"

    "RCW 59.20.080 (1) (j) provides that the tenancy of a resident may be terminated if the resident "engages in disorderly or substantially annoying coduct that results in destruction of the rights of others to the peaceful enjoyment and use of the premises".

    "You Are: Causing a disturbance in the park. You and Your Son on #-#-## caused a disturbance to your neighbors by having a Domestic dispute, which resulted in the Auburn Police being called. This is not appropriate behavior for the park residents."

    All of the above-referenced activities must cease IMMEDIATELY

    You must immediately cease and desist from engaging in the above-described activity.

    STATUTORY NOTIFICATION
    Failure to cease the above-referenced conduct will termination of your tenancy and you will be required to vacate the premises in FIFTEEN(15) days.

    End

    Attached to the notice was another letter which was a e-mail from the local police departments "Community Response Team" and it included a incident report, which included the following:

    "Police responded to a report of a dispute between the resident and his adult son, who was refusing to go to substance abuse treatment." The rest is about how no crime occurred and officers took no action.

    The final page, I'm guessing is what was included in the rest of the e-mail;

    "The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individuals(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in errors, immediately notify the sender by reply e-mail. Thank you"


    That's word for word, spell checked by me.

    I can pretty much guarantee that no neighbors complained to the park manager, no commotion was caused, the cops came in with no lights on and left shaking the sons hand and joking around with him. I don't see what he did to violate any of the parks regulations. Here's a example of who we are dealing with, this is a letter sent out by the manager to residents a few months ago:

    "Kids in the park: Do not skateboard or ride a bike in the mail area. I do not want to hear bad language or swearing from the mouth to anyone. If you have a problem, come see me in the office. Do not damage the picnic tables. They are there for your use but not to be written or carved on. Stay out of the people's yards; it is not your yard so stay out of it. And last pick up your own garage. If it is on the ground, pick it up and put it into a garbage container. When riding your bikes be sure to watch out for traffic. Do not weave in between cars, it is hard to see you. Show respect to others if you want others to respect you.

    10 miles per hour: if you are caught going over the speed limit in the park. You may be parking your vehicle outside and walking in. This also goes for your friends that visit.

    Word for word, bold and underlined the same too, lol. The way these people talk to the residents of this park disgusts me, there are a few bad little kids that run around the park and I have no idea about people and their garbage or going over the speed limit but it has nothing to do with my friends family, they follow the rules, have a very nice yard and they take good care of their home. They have never been in trouble with management over the years(there has been at least 3 managers in the past 4-5 years) and have never once had a argument with any of their neighbors, they rarely even talk to their neighbors. Their generally quiet people and stick to themselves.

    The reason why I created this thread is because I wanted to have some ones opinion on how they would handle the situation. Say, if you were in his shoes, with your experience what would be the best possible move for every one. My friend says it's just best for him to let it go and refuse to argue with his father any more because he's scared he might risk his fathers home. I personally think the managers handled this the wrong way, no neighbors were disturbed, no arrests were made and nothing happened, they blew it way out of proportion, especially for the first disturbance in the house since they have lived there for 5+ years.

    A disturbance that would have went unnoticed by the manager if he wasn't signed up for his little "Community Response Team" mailing list, I understand as a manager being aware of what's going on in the park but with this guys attitude, him having information handed to him like this seems like a bad idea to me. This guy seems to think he's a cop still, on one occasion he was trying to get the attention of a resident in the park who was in his car pulling out of a parking spot, I'm not sure what the residents history is or what exactly was happening, but he pulled out and the manager moves in front of the vehicle, pulls out some sort of badge and flashes it at him, the resident then says "**** off" and pulls around the manager and takes off out of the park. I'm not sure if ex-cops can pull badges out on people and ask some one to stop a car "because you're a officer".

    Any way, thanks for reading all of this and thank you in advance for any reply, it's very much appreciated.

    Sincerely,
    Michael

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