Non Payment of Rent

Phil Querin Article: A Cautionary Tale for Landlords When Calculating Past Due Rent – Hickey v. Scott

 

Holding. In late July 2022, the Oregon Supreme Court issued its ruling in Hickey v. Scott, 370 Or 97 (2022) that addressed the application of ORS 90.394(3).[1] The Court ruled that when issuing a termination notice for nonpayment of rent, the landlord must specify the “correct amount due to cure the default.” Hickey, 370 Or at 101. If the court determines that the tenant owes a lower amount than the amount specified in the notice, the court must dismiss the FED.

 

 

Phil Querin Q&A: Dealing with Unpaid Rents Today

 

Question:  We had a resident that we entered into a stipulated judgment agreement with on March 6, 2020.  This was prior to tenants having the ability to claim financial hardship or having the Moratorium in place. They paid 2 payments but stopped paying the terms of the agreement as well as not paying their current rent payments. Are they protected under the financial hardship provisions of the Moratorium? Are we required to send them the Declaration of Financial Hardship? Can we file an Affidavit of Non-compliance due to the resident not complying with the stipulated agreement? 

 

 

 

Phil Querin Q&A: Resident Leaves State - Appropriate to Mail 72 Hour Notice?

Question. A resident recently moved out of state.  The landlord wants to mail a non-payment of rent notice, and would like proof that the notice was received by the resident.  Can the landlord mail the notice as a "Certificate of Mailing"?

 

 

Answer:  If the tenant has left the home, this does not mean that the landlord’s non-payment of rent notices must follow the tenant around the country in order to be effective.  Rather, in cases where the tenant apparently abandons the home (or at least is ignoring his/her space rent responsibilities while gone), the landlord should send the 72-hour notice to the tenant at the tenant’s space.  If the tenant has anothe

Phil Querin Q&A: 72 Hour Notice and Partial Payment

 

Question: A resident stops by the manager's office on the 5th of the month and offers to pay $150 of the $350 of rent that is due, and promising to pay the remaining $200 by the 15thof the month. The tenant claims that the landlord mustaccept the partial payment. What are the landlord's options? Can the landlord refuse the partial payment? Where do you draw the line - say a 72 hour notice has been issued - does that change the partial payment scenario?

 

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