MHCO Legal Counsel

Question. We have an applicant applying for residency that has an Oregon Medical Marijuana Card, He has requested that he grow marijuana for his use and is asking for a reasonable accommodation to grow since our rules do not allow pot to be grown on the space. Does this qualify for a reasonable accommodation? If we make a reasonable accommodation is he still required to grow only the limited number of plants outlined in the ORS? Or can he grow as many as he wants? Can we require that the plants be grown in the back of the space?"

Question: A tenant has asked for her daughter to be on a temporary occupant agreement. The tenant has recently been in the hospital and has returned home. She has not said she needs a caregiver at this point in time. The daughter is 40 years old and has three large dogs. She has applied to be a temporary occupant and has said that she will bring her dogs and if the park says 'no' she will get her attorney. Does the temporary occupant have rights? The park has a small dog policy - her dogs are clearly in violation. At this point there has been no mention of disability or request for reasonable accommodation. What are the landlord's rights? We suspect that the tenant will eventually say she needs at caregiver and hence the need for her daughter. At that point, once she has said "disability" or "caregiver" what are the landlord's rights? Can he say no to the daughter in both circumstances or only in first before the word "disability" or "caregiver" is mentioned?

Question. When vehicles are parked in "No Parking" areas within the community, should the manager just tow them, or pursue enforcement through fines? What is the best way to handle this issue?

Question: I have a tenant 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?

Question: A drone is flying around our manufactured housing community and is peering into residents' homes and backyards. The manager wants to serve a 30 day notice but is concerned about how you link the perpetrator to the drone. Any suggestions on how to handle this?

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?

Question: We have a 55+ park, with 100 spaces. 90 of them are occupied by at least one person who is age 55 or older. A tenant who is selling her home has a potential buyer who is 47. They qualify in all respects, except age. Am I prevented from accepting this prospective tenant because he is not at least 55 years of age?

Question: If a manager is going to give a resident their third 72-hour notice within 12 months, does the manager give the 72-hour notice and then wait for payment, which if the resident pays then serve the 30 day three strikes notice?

Question: We are currently dealing with an abandoned home where the tenant has passed away and he was in a "Senior Tax Deferral" program through the Oregon Dept. of Revenue ("DOR"). According to our county tax collector the deceased tenant's account is current, since the DOR has paid them ever since the tenant entered the program in 1999. A title search on the home has the DOR listed as a lien holder.

My question is if and when the abandoned property is sold at a private auction and we (the Landlord) win with the highest sealed bid, are we liable for the taxes in the program? Are they considered already paid? Is the DOR simply a lien holder or are they considered a tax collector? Side note: According to the tax collector, this home is valued at approximately $20,000.

The tenant application process is one of the least understood by landlords and managers. This lack of familiarity can result in significant liability to park owners. The purpose of this article is to set forth the applicable laws governing the process, and discuss some tips and traps that may be useful when certain issues and problems arise.