MHCO Legal Counsel

Pet Issues.

There is almost no greater issue that can create problems for landlords, than whether tenants can retain a pet they have brought into the community. How can owners and managers take control of the issue?

First, landlords should check their current rules and rental agreement. Although landlords who have previously permitted pets in the community, cannot retroactively prohibit them to tenants who already have pets living with them. Nor can they retroactively prohibit a type of pet that had previously been permitted. However, going forward, i.e. for new tenants, landlords should make sure that their rules place appropriate limitations on the size and type of pets that can be brought into the park. Rules should be drafted broadly to prohibit pets, e.g. breeds of dogs, that have a reputation for aggressiveness, or dogs of a particular size, or both.

Secondly, consistency is important. That is, landlords should be careful not to make exceptions or ignore violations of the pet rules. Otherwise, the landlord will be accused of either being arbitrary or "playing favorites." Selective prosecution of tenants for violation of the pet rules does not play well with judges and juries.

Lastly, in all cases, landlords should make sure that their tenants sign pet agreements for their animals. Oregon law expressly permits this. The MHCO agreement follows the statutory guidelines and assures that the tenant has liability insurance coverage. It also permits landlords to assess fines for violations of the rules.

Question: In reviewing the new form 2A, the Retail Installment Contract, does it act as the security agreement on the home, or is there something else that must be filed? Where is the security agreement filed?

Question. How should we deal with non-residential structures locate on residents' spaces -- such as park-owned carports, or structures built by residents themselves, such as sheds? MHCO has Form 52 which addresses liability from contractors, but I cannot find anything that deals with indemnifying management against resident claims occurring from use of these structures.

Question. Our park is on a well water. A few weeks ago, several homes had their pipes underneath their homes burst, leaving no pressure for water to deliver to the other homes in the community. The park was out of water for 6 days. A tenant in the park has told my onsite manager that he will deduct $15 a day from the rent. I told my manager not to accept his rent fearing that I will waive my rights to collect full rent which I feel that the park is entitled to. I have further instructed my manager to charge a late fee on the 6th day of the month, and then issue a 72 hour notice.

It is my belief that what occurred was not the fault of the park. I cannot allow this to occur, because every other tenant will then think that they can withhold rent when minor incidents happen. The tenant remains firm in his stance. I see my only avenue here is to file an eviction. Any suggestions?

Question: When residents want to place their home on the market, we tell them we have a preferred real estate agent we want them to use. Some residents oppose this and want to use their own agent they've already been working with. How can we resolve this? Also, is it permissible for us to insist that if they use their agent, we receive a portion of the commission at closing? We have a similar arrangement with our preferred agent, and it's worked out quite well.

Question.  What are a landlord’s rights when it comes to residents’ displaying signs on their spaces or homes that might be regarded as provocative or inflammatory by others, e.g. the display of confederate flags, gay flags, pro- or anti-Trump signs?  Can management prohibit them? What are the residents’ rights?

Question. What needs to be posted on the walls of our manager's office? Do fair housing posters need to be posted - screening criteria, etc.?

Question: We have had to file two consecutive FED Complaints against a resident. The day before the first appearance for each case, the resident tender the rent that was due, although he did not pay the court fees of $115.00. After two months of this, he owes us $230.00. He promises to repay this amount but does not. Now rent is due for January, 2017. We are sure the same thing will happen again. How can we collect the court fees?

Question. We are a 55+ community. One of our residents has a lot of family coming in and leaving from early morning until late at night. This resident also has two Temporary Occupants living with her, one of her daughters and her husband. The resident also has a granddaughter with three children that are brought to the house on a daily basis by her and one of the Temporary Occupants. It has been brought to my attention recently that the children are basically living there and staying over at least 5 nights a week. (The two older kids are school age and come to the space after school, but the youngest child is there all the time.) I am told by another family member the mother of these children is homeless and goes and stays with someone else at night, but does not take the children with her.

My question is because we are a 55+ community what can I do, if anything, to stop them from babysitting the children at the residents which is causing a disturbance to the neighbors' peaceful enjoyment of the community? I have received written complaints from some of the neighbors stating that the comings and goings is disturbing them. Because these children do not meet our age requirement to live here, what steps can I take to stop the daily babysitting and staying the night? One of the neighbors recently told me she is going to put her home on the market for sale because of this issue."

Question. We are a 55+ community. One of our residents has a lot of family coming in and leaving from early morning until late at night. This resident also has two Temporary Occupants living with her, one of her daughters and her husband. The resident also has a granddaughter with three children that are brought to the house on a daily basis by her and one of the Temporary Occupants. It has been brought to my attention recently that the children are basically living there and staying over at least 5 nights a week. (The two older kids are school age and come to the space after school, but the youngest child is there all the time.) I am told by another family member the mother of these children is homeless and goes and stays with someone else at night, but does not take the children with her.

My question is because we are a 55+ community what can I do, if anything, to stop them from babysitting the children at the residents which is causing a disturbance to the neighbors' peaceful enjoyment of the community? I have received written complaints from some of the neighbors stating that the comings and goings is disturbing them. Because these children do not meet our age requirement to live here, what steps can I take to stop the daily babysitting and staying the night? One of the neighbors recently told me she is going to put her home on the market for sale because of this issue."