Question A: We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks.
The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a) through (e) which states in (d) all electrical, water, storm water drainage and sewage disposal systems in, on, or about the Home, are in operable and safe condition, and that the connections to those systems have been maintained.
What recourse do we have in this situation?
Question B: We have a tenant whose sewage line is routinely blocked. We have had a plumber our numerous times and unclogged resident’s sewage line. We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line. Does this constitute grounds for eviction? At what point is the resident responsible for the sewage line and the items they are putting in the toilet?Question B: We have a tenant whose sewage line is routinely blocked. We have had a plumber our numerous times and unclogged resident’s sewage line. We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line. Does this constitute grounds for eviction? At what point is the resident responsible for the sewage line and the items they are putting in the toilet?
Answer A: First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation. Secondly, ORS 90.740(f) requires that tenants “(u)se electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems.