Safety

Responding to Resident Misconduct

Purpose

This protocol provides a consistent process for responding to resident conduct that disrupts the safety, comfort, privacy, or reasonable use of Zeta House.

The goals are to:

• Address concerns early and proportionately.
• Give residents a fair opportunity to correct behavior when appropriate.
• Create a clear written record of incidents, communication, and follow-up.
• Protect residents, guests, staff, and the property.
• Escalate serious or repeated misconduct consistently.
• Avoid informal, inconsistent, or emotionally reactive enforcement.

This process generally follows five stages:

1. Verbal warning
2. Formal written warning
3. Conditional continuation notice
4. Lease termination or notice to vacate
5. Eviction

Not every situation must begin at Stage 1. Serious misconduct may justify moving directly to a later stage.

Examples include violence, credible threats, unlawful entry, serious harassment, deliberate property damage, disabling safety equipment, dangerous weapons conduct, or other behavior creating an immediate safety risk.

General Principles

When responding to misconduct:

• Prioritize immediate safety.
• Remain calm, factual, and professional.
• Do not argue about intent during the initial response.
• Focus on observable behavior, its impact, and the required correction.
• Avoid diagnosing, insulting, threatening, or speculating about a resident.
• Preserve relevant messages, photographs, access logs, witness accounts, and other records.
• Document the incident even when the initial response is verbal.
• Apply rules consistently across residents.
• Do not promise a particular outcome before the incident has been reviewed.
• Escalate legal, safety, financial, or lease-termination decisions to authorized management.

The steward may communicate expectations and administer approved procedures but must not independently modify lease terms, waive fees, negotiate legal settlements, or issue final legal notices without authorization.

Step 1: Stabilize and Document the Incident

Before deciding which warning stage applies, gather the basic facts.

Record:

• Date and approximate time
• Location
• People involved
• Observable conduct
• Relevant house rule or lease provision
• Immediate impact on residents, guests, staff, or property
• Witnesses
• Photos, messages, recordings, access logs, or other evidence
• Actions taken at the time
• Whether emergency services, management, or a vendor was contacted

Use neutral descriptions.

Write:

Resident played amplified music in the kitchen between 12:10 AM and 12:45 AM after another resident asked them to lower the volume.

Do not write:

Resident was being inconsiderate and clearly did not care about anyone else.

If there is an immediate threat:

1. Move residents away from danger when possible.
2. Contact emergency services when necessary.
3. Do not physically intervene unless required to prevent immediate harm and it is safe to do so.
4. Notify management immediately.
5. Preserve evidence.
6. Complete an incident record as soon as the situation is stable.

Stage 1: Verbal Warning

When to Use

A verbal warning is appropriate for a first-time, low-level, correctable issue that does not create a significant safety risk.

Examples:

• A resident repeatedly leaves dishes or cooking residue in the kitchen.
• Music is too loud during quiet hours.
• A resident leaves personal belongings in shared work areas.
• A day guest remains in resident-only areas without understanding the rules.
• A resident fails to return shared equipment after use.
• A resident uses another person's designated pantry, refrigerator, desk, or bathroom space.

Procedure

1. Confirm the basic facts.
2. Speak privately with the resident when practical.
3. Describe the specific behavior observed.
4. Explain the relevant expectation.
5. Explain the effect on the household.
6. State what needs to change.
7. Ask whether the resident understands the expectation.
8. Make a record of the conversation with the resident in the incident log.
9. Monitor for recurrence.

Suggested Language

I want to address something that occurred last night. Music from your room was audible in the hallway after quiet hours and disturbed another resident. Quiet hours are from 11:00 PM to 8:00 AM. Going forward, please use headphones or keep the volume low enough that it cannot be heard outside your room. I am treating this as a verbal warning and documenting that we discussed it.

Documentation

Even though the warning is verbal, the steward should record:

• What was discussed
• When it was discussed
• The required correction
• The resident's response
• Any agreed follow-up

The purpose is not to create a punishment record for minor mistakes. It is to prevent later disputes about whether the expectation was communicated.

When to Escalate

Move to a formal written warning if:

• The behavior repeats.
• The resident rejects or disregards the instruction.
• Multiple related concerns emerge.
• The behavior has a meaningful effect on another resident.
• A written record is appropriate because of the seriousness of the conduct.

Stage 2: Formal Written Warning

When to Use

A formal written warning is appropriate when:

• Conduct continues after a verbal warning.
• The incident is too significant for an informal response.
• The behavior affects another resident's safety, privacy, work, rest, or use of shared facilities.
• The resident violates guest, noise, cleanliness, access, pet, or shared-space rules.
• A clear remedy period is needed.

Examples:

• Repeated quiet-hours violations after a verbal warning.
• A guest regularly stays overnight without disclosure or payment.
• Repeatedly leaving an exterior door unsecured.
• Aggressive or insulting communication toward another resident.
• Repeated failure to clean substantial messes in shared areas.
• Using another resident's personal supplies after being told to stop.
• Allowing an unauthorized person to use a room, desk, bathroom, key, code, or access credential.

Procedure

1. Review the incident record and any prior warnings.
2. Confirm the relevant lease or house-rule provisions.
3. Notify authorized management before sending the warning when required.
4. Use the approved written warning template.
5. Identify the conduct using dates, facts, and examples.
6. State the required behavioral changes.
7. Give a clear remedy period or state that correction is required immediately.
8. Explain the likely next stage if the behavior continues.
9. Send the notice through via email and remind them via SMS or WhatsApp.
10. Save the notice and delivery record.
11. Schedule a review date.

Remedy Period

The remedy period should reflect the conduct.

Examples:

• Noise, guest, access, or harassment-related behavior: immediate correction.
• Cleanliness or storage issues: usually 24 to 72 hours, depending on severity.
• Removal of unauthorized property or correction of a room condition: a specific date and time.
• Ongoing interpersonal behavior: immediate cessation, with monitoring during the following days or weeks.

Follow-Up

At the end of the remedy period:

• Confirm whether the issue was corrected.
• Record the outcome.
• Close the matter if corrected and no further incidents occur.
• Escalate if the behavior continues, worsens, or is replaced by retaliatory conduct.

Stage 3: Conditional Termination Notice

Purpose

A Conditional Termination Notice is a final written warning stating that the resident may remain only if clearly defined conditions are followed.

This stage is appropriate when continued occupancy may still be workable, but trust has been materially damaged or prior corrective efforts have failed.

When to Use

Examples:

• Repeated misconduct after a formal written warning.
• A pattern of separate rule violations showing unwillingness to follow shared-house expectations.
• Repeated unauthorized overnight guests.
• Ongoing harassment, intimidation, or hostility that has not yet reached the level requiring immediate termination.
• Repeatedly sharing access credentials.
• Repeated serious cleanliness or sanitation problems.
• Repeated failure to follow agreed maintenance, pet, noise, or guest requirements.
• Retaliation against a resident who reported a concern.
• Conduct that has caused other residents to avoid shared spaces.

Required Contents

The notice should include:

• A summary of the documented incidents.
• Prior warnings and dates.
• The lease or house-rule provisions involved.
• The conditions required for continued occupancy.
• The monitoring period for this conditional termination.
• Any temporary restrictions.
• The consequence of another violation.
• A statement that further misconduct will result in lease termination or a notice to vacate.

Possible Conditions

Depending on the conduct, conditions may include:

• No overnight guests for a specified period.
• All guests must be approved in advance.
• No use of amplified speakers during a monitoring period.
• No direct contact with a particular resident except for necessary household communication.
• Required use of designated storage, bathroom, desk, or kitchen allocations.
• Immediate compliance with room-cleanliness or sanitation requirements.
• No sharing of keys, codes, fobs, or access links.
• Removal of unauthorized property, equipment, or animals.
• Participation in a structured conflict-resolution meeting.
• Written acknowledgement of the applicable house rules.

Conditions must be specific, proportionate, operationally enforceable, and consistent with the lease and applicable law.

Example

A resident has received:

• A verbal warning for repeated overnight noise.
• A written warning after another late-night disturbance.
• A second documented incident involving aggressive confrontation when asked to reduce the volume.

A Conditional Termination Notice may require:

1. Immediate compliance with quiet hours.
2. No amplified speakers for 30 days.
3. No retaliatory or hostile communication toward residents.
4. No additional noise or conduct violations during the 30-day monitoring period.

The notice should state that another related incident may result in termination action.

Review

At the end of the monitoring period:

• Document whether all conditions were met.
• Confirm in writing if the resident returns to normal status.
• Extend conditions only with management approval.
• Proceed to termination review if conditions were violated.

Stage 4: Lease Termination or Notice to Vacate

When to Consider Termination

Termination may be considered when:

• A resident violates a Conditional Termination Notice.
• Repeated misconduct continues despite prior warnings.
• The resident refuses to comply with material lease obligations.
• The conduct substantially interferes with other residents' safety or use of the property.
• The resident engages in serious harassment, threats, violence, unlawful access, deliberate damage, or other severe misconduct.
• The resident creates a significant safety, security, or habitability risk.
• The conduct otherwise meets the termination provisions of the lease.

Serious incidents may proceed directly to termination review without earlier warning stages.

Procedure

1. Stabilize any immediate safety concern.
2. Notify authorized management immediately.
3. Compile the complete incident record.
4. Include prior warnings, notices, evidence, witness accounts, and delivery records.
5. Identify the applicable lease provisions.
6. Confirm whether the conduct is remediable and whether any required notice or cure period applies.
7. Obtain authorization before issuing a termination notice.
8. Use the approved lease-termination or notice-to-vacate template.
9. Deliver the notice using the approved method.
10. Record the date, time, method, and recipient.
11. Texas law generally requires written notice to vacate before filing an eviction suit. For ordinary tenant default or holdover, the default period is at least three days unless the lease, written agreement, or a special legal rule requires a shorter or longer period.
12. If the resident does not vacate after the notice period expires, proceed to Stage 5 rather than attempting informal removal.
13. Do not engage in self-help eviction, lockout, removal of property, utility interruption, or physical exclusion except through a lawful and specifically authorized process.
14. Coordinate move-out, access revocation, property inspection, deposit accounting, and remaining obligations through the approved offboarding procedure.

Steward Boundary

The steward may:

• Document incidents.
• Communicate immediate safety instructions.
• Send approved warnings when authorized.
• Coordinate records and operational follow-up.
• Support move-out logistics after termination is authorized.

The steward must not independently:

• Declare a lease terminated.
• Draft new legal terms.
• Change notice periods.
• Threaten eviction.
• Lock out a resident.
• Remove belongings.
• Shut off utilities.
• Offer a settlement, refund, waiver, or concession.
• Represent that legal action has been approved before authorization.

Stage 5: Eviction

Purpose

Eviction is the court process used when a resident remains in possession after a valid termination or notice to vacate. It is not a management, steward, or household enforcement action.

Only authorized management, legal counsel, and the court process may determine whether to file an eviction case. The steward's role is limited to preserving records, supporting safety, and following approved instructions.

When to Use

Stage 5 applies when:

• An authorized lease termination or notice to vacate has been delivered.
• The legally required notice period has expired.
• The resident has not vacated or surrendered possession.
• Management or legal counsel has approved filing an eviction suit.

If there is an immediate threat, call emergency services as a safety response. Do not use police involvement as a substitute for the eviction process.

Court Filing

Before filing, management or legal counsel should confirm:

1. The notice to vacate was legally sufficient.
2. The notice was delivered by an approved method.
3. The notice period has expired.
4. The resident, unit, lease, payment ledger if relevant, and basis for possession are correctly identified.
5. The incident record, prior warnings, termination notice, delivery records, photographs, messages, witness statements, and other evidence are organized.

The eviction suit is filed in the Justice Court precinct where the property is located. For the current Zeta House premises at 1310 East 2nd Street, Austin, Texas 78702, file in Travis County Justice of the Peace, Precinct 1:

• Court: Travis County Justice of the Peace, Precinct 1
• Judge: Yvonne Michelle Williams
• Address: Richard Scott Building, 4717 Heflin Lane, Suite 107, Austin, Texas 78721
• Phone: 512-854-7700
• Email: JP1@traviscountytx.gov
• Filing portal: eFileTexas.gov, the official Texas e-filing system

Confirm the precinct before filing if the premises address changes or if counsel directs otherwise.

Use the electronic filing process unless counsel or the court directs a different method:

1. Go to eFileTexas.gov and select the Travis County Justice of the Peace, Precinct 1 court.
2. Start an eviction, forcible detainer, or possession case, using the court's current case-type labels.
3. Upload the signed sworn eviction petition as a PDF. The petition should identify the landlord or authorized agent, each resident to be served, the premises, the lease or occupancy basis, the reason possession is requested, the notice-to-vacate date and delivery method, and the relief requested.
4. Upload supporting PDFs required by counsel or the court, such as the lease, notice to vacate, proof of delivery, rent ledger if rent is requested, and any required military-status affidavit or declaration.
5. Pay the filing fee and service fees through the portal. If the portal or clerk requires copies, service packets, or additional fees, follow the clerk's instructions before the filing is accepted.
6. Save the e-filing confirmation, envelope number, accepted-stamp documents, fee receipt, and later citation or hearing notice in the matter record.

Do not rely on email, mail, or walk-in paper filing unless the court confirms the method for the specific case. If electronic filing is unavailable or counsel directs a non-portal filing, contact JP1 at JP1@traviscountytx.gov or 512-854-7700 to confirm whether the filing may be submitted by designated email, by appointment at 4717 Heflin Lane, Suite 107, or by another clerk-approved method.

The filing should request a court judgment for possession and may also request allowed rent, court costs, attorney fees, or other relief when approved by management and counsel.

After filing, the court issues citation and the resident must be served through the court process. The eviction hearing is generally set no sooner than 10 days and no later than 21 days after the petition is filed. Management or counsel must attend the hearing with the evidence packet and any required witnesses.

Judgment for Possession

If the court rules for Zeta House, the court enters a judgment for possession. This judgment means the court has determined that Zeta House has the superior right to possession.

A judgment for possession does not by itself authorize management, staff, a steward, or other residents to remove the resident, change locks, remove belongings, disable access, or shut off utilities. Physical removal requires a court-issued writ of possession.

If the resident appeals or another court order delays enforcement, management must follow counsel's instructions and must not treat the judgment as final for removal purposes until the applicable deadlines and stays are resolved.

Writ of Possession and Final Removal

If the resident does not leave after the judgment for possession and no appeal or stay prevents enforcement, management or counsel may request a writ of possession from the same Justice Court. Under the ordinary Texas process, this is generally available on the sixth day after the judgment is signed.

The writ of possession is the final court order that directs the sheriff or constable to restore possession to Zeta House. This is the step that involves law enforcement. It should be handled by the sheriff, constable, or other authorized officer, not by management or staff acting on their own.

The sheriff or constable must give the resident a final 24-hour notice before executing the writ. If the resident still has not vacated after that notice, the officer may return to remove the resident and oversee removal of property.

Management should:

1. Coordinate the execution date and time with the sheriff or constable.
2. Have authorized staff or a locksmith available only as directed by the officer.
3. Avoid confrontation with the resident before and during execution.
4. Allow the officer to control removal and safety decisions.
5. Document the date, time, officer, actions taken, and condition of the room or unit.
6. Revoke access credentials only after lawful possession has been restored.
7. Secure the room or unit after the officer completes execution.
8. Handle any remaining property only under counsel-approved procedures.
9. Complete inspection, repair, deposit accounting, and resident offboarding records.

Prohibited Actions

Until possession is legally restored through move-out, surrender, settlement, or execution of a writ of possession, staff must not:

• Change locks to force departure.
• Block entry or revoke access credentials to force departure.
• Remove, move, discard, or hold the resident's belongings.
• Shut off utilities or services.
• Threaten immediate police removal without a court order.
• Harass, intimidate, or pressure the resident to leave.
• Accept payment, sign agreements, waive claims, or promise outcomes without management authorization.

Police or emergency services may still be contacted for immediate violence, credible threats, criminal activity, medical emergencies, or other urgent safety risks. That safety response is separate from eviction and does not replace the need for a court judgment and writ of possession.

Selecting the Appropriate Stage

Situation	Typical Initial Response
First minor cleanliness issue	Verbal warning
First low-level quiet-hours issue	Verbal warning
Repeated noise after verbal warning	Formal written warning
Unauthorized overnight guest after prior reminder	Formal written warning
Repeated unauthorized guests after written warning	Conditional continuation notice
Resident insults another resident once during an argument	Verbal warning or formal written warning, depending on severity
Repeated intimidation or retaliation	Conditional continuation notice or termination review
Exterior door accidentally left unlocked once	Verbal warning and access reminder
Repeatedly leaving doors unsecured	Formal written warning or conditional continuation notice
Sharing master access credentials	Immediate management escalation; formal warning or termination review
Credible threat of violence	Immediate safety response and termination review
Physical assault	Emergency response and immediate termination review
Deliberate property damage	Immediate escalation; formal warning or termination review, depending on severity
Disabling a smoke detector or security device	Immediate safety correction and termination review
Minor disagreement between residents	Conflict-resolution process, not misconduct escalation
Pattern of harassment affecting use of shared spaces	Formal written warning, conditional continuation notice, or termination review

The table provides guidance rather than automatic outcomes. Context, severity, prior incidents, available evidence, applicable lease provisions, and immediate safety risks should all be considered.

Multiple Residents and Conflicting Accounts

When accounts differ:

1. Speak with each person separately.
2. Ask for specific facts, dates, words, and actions.
3. Avoid promising confidentiality that cannot be maintained.
4. Review available messages, access records, photographs, or witnesses.
5. Separate immediate safety measures from final conclusions.
6. Document areas of agreement and disagreement.
7. Do not treat the first report as automatically proven or dismiss it without review.
8. Escalate serious allegations to management.
9. Issue conduct instructions that preserve safety while the matter is reviewed.

A temporary instruction such as avoiding direct contact is not necessarily a finding that either person violated the lease.

Retaliation

Retaliation against a resident for making a good-faith report is prohibited.

Examples include:

• Threatening the reporting resident.
• Repeated hostile messages.
• Interfering with their property or assigned space.
• Attempting to isolate them from the household.
• Pressuring them to withdraw a report.
• Deliberately creating noise or disruption near their room.

Retaliation should be documented as a separate incident and may justify accelerated escalation.

Closing a Misconduct Matter

A matter may be closed when:

• The required correction has been completed.
• The remedy or monitoring period has ended.
• No additional related incidents have occurred.
• All follow-up actions have been documented.

The closure note should state:

• The original concern.
• The action taken.
• Whether the resident complied.
• Whether restrictions were lifted.
• Whether further monitoring is required.

Closing the matter does not erase the record. Prior incidents may remain relevant if a later pattern emerges.

Recordkeeping

For each misconduct matter, retain:

• Incident reports
• Witness statements
• Relevant messages or photographs
• Verbal-warning notes
• Written warnings
• Conditional continuation notices
• Resident responses
• Delivery confirmation
• Management approvals
• Follow-up and closure notes

Store records only in approved company systems. Do not keep resident-conduct records in personal notes, personal email, or unapproved accounts.

Appendices

Appendix A: Incident Report Template

Use this template to document any safety concern, misconduct, property damage, security issue, or significant operational incident.

### Incident Information

**Date:**

**Time:**

**Location:**

**Reported by:**

**Incident Type:**

- [ ] Noise
- [ ] Guest policy
- [ ] Harassment
- [ ] Threatening behavior
- [ ] Property damage
- [ ] Safety concern
- [ ] Maintenance
- [ ] Unauthorized access
- [ ] Theft
- [ ] Medical emergency
- [ ] Fire / Smoke
- [ ] Other:

### People Involved

**Resident(s):**

**Guest(s):**

**Witness(es):**

**Staff / Steward:**

### Incident Summary

Provide a factual description of what occurred.

Include:

- what was observed
- where it occurred
- when it occurred
- who was present

Avoid opinions or assumptions.

### Immediate Actions Taken

Examples:

- Resident spoken to
- Verbal warning issued
- Emergency services contacted
- Management notified
- Maintenance contacted
- Area secured
- Other:

### Evidence Collected

- [ ] Photographs
- [ ] Video
- [ ] Messages / Email
- [ ] Access logs
- [ ] Witness statements
- [ ] Other:

Description:

### Lease or House Rules Potentially Involved

List any relevant lease clauses or house rules.

### Recommended Follow-up

Examples:

- No further action
- Monitor situation
- Verbal warning
- Written warning
- Conditional continuation notice
- Management review
- Lease termination review
- Other:

### Completed By

**Name:**

**Date:**

Appendix B: Witness Statement Template

Witness statements should describe only what the witness directly observed.

Avoid speculation, assumptions, or second-hand information.

### Witness Information

**Name:**

**Resident / Guest / Visitor / Staff:**

**Date:**

### Statement

Please describe:

- where you were
- what you personally saw or heard
- approximately when it occurred
- who was present
- what happened afterward

If you are uncertain about any detail, indicate that you are unsure rather than
guessing.

### Supporting Information

Did you take any photographs, screenshots, or recordings?

- [ ] Yes
- [ ] No

If yes, describe them:

### Signature

I confirm that this statement accurately reflects what I personally observed to
the best of my knowledge.

**Name:**

**Date:**