Eviction

Phil Querin Article : Tips for Preparing Bulletproof Notices

 

Always Assume The Matter Will Go To Court

 

While most legal notices will have their desired effect – e.g. the tenant will pay the rent, or maintain the space, or do what is necessary to comply – there are a small number of tenants who will fight. Of those who fight, some will secure an attorney. Most attorneys know that the easiest way to win is to attack the notice for some deficiency. If the notice is legally insufficient, the landlord’s case will fail without any examination of the merits of the case. The failure to win in court oftentimes leaves management with an unmanageable tenant.

 

Accordingly, when landlords and managers prepare notices, they should always assume that the notice will be contested. This approach is the best protection landlords have in securing compliance in those cases where the tenant decides to fight.

 

What does it mean to draft a notice as if the matter will go to court? It means that someone – the judge or jury - will be scrutinizing the document. It means making sure that everything is filled out correctly before mailing or delivering it. It means using a form, if one is available, rather than hand-drafting a notice. It means making sure that the proper form is used. In some circumstances, it may mean having your attorney review the form before sending it out.

 

 

Always Use A Calendar

 

Phil Querin Article: Terminations for Cause (Continuing vs. Distinct Violations)(MHCO Forms 43 & 43A)

 

 

The Basics. Except where the physical condition of the home is at issue, a landlord may terminate the space rental agreement by giving the tenant not less than 30 days’ notice in writing if the tenant:

  1. Materially violates a law related to the tenant’s conduct as a tenant;
  2. Materially violates a rental agreement[1] provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy; or
  3. Is classified as a level three sex offender under ORS 163A.100.

 

Termination for Continuing Violations. In manufactured housing communities, the type of conduct that would make a tenant subject to this 30-day termination notice is the failure to maintain the space which is required under the rules or rental agreement.

Oregon Chief Justice Order Extending Certain Time Periods For FEDs

 

On August 19, 2021, the Oregon Supreme Court issued Chief Justice Order #21-031 (“CJO 21-031”) which extends certain statutory time periods for FED/Eviction actions. The CJO went into effect immediately and remains so until 60-days after the end of Oregon’s COVID State of Emergency or until the Chief Justice so orders. As of now the Governor’s declared State of Emergency is in effect until December 31, 2021.

 

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

 

Question: I have a resident that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th.

 

My question is this: Is domestic violence a recognized defense to non-payment of rent?

 

Phil Querin Article - Some Tips and Traps - The FED Eviction Process

The eviction process can be daunting to those landlords and managers who rarely, if ever, have been involved in the unpleasant task of trying to remove a tenant from a community. An eviction (formally known as a "forcible entry and detainer" or "FED") is an expedited legal procedure designed to allow landlords to obtain possession of their property through the court system.

 

 

 

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