A recent resident admission has become a “bully.” This is confirmed by residents and staff. How can we legally stop her bullying behavior?
You can take legal steps to protect all your residents, who have the right to enjoy peaceful living. Your standard resident contract and your resident handbook can and should impose rules on how every resident must act so as to not interfere with others.
These documents should specifically prohibit and define “bullying” conduct. All residents should be allowed to live at the facility without fear of physical or mental intimidation. This valid policy prohibiting bullying supports the facility to keep its census high. In turn, high census allows you to remain open and able to provide necessary services.
If you can document the bullying actions and any damages to other residents, a judge would likely evict the resident who is the bully. Before you file for an eviction, you may want to impose written restrictions on the aggressor. These restrictions would be imposed to see if the resident can stop the undesirable activities.
If she does not stop, then the evidence of her not following the restrictions will be evidence you can submit to the court to uphold an eviction.
You should also follow any state regulations or process that allows you to discharge a resident. A government decision supporting a discharge of the bullying resident would also be evidence to support an eviction.
Judges require that the facility must follow all rules and notices required by the eviction statute. Thus, you should seek and carefully follow the advice from an attorney who specializes in evictions in the local jurisdiction where you have to file the eviction proceeding. Experienced legal counsel will help you present your case and send all notices. in a timely manner under eviction law.
